Md. Nasir Hussain @ Md. Nasir v. The State of Bihar
Anticipatory bail – Matrimonial dispute
Case brief
What is this about?
Patna High Court, CR. MISC. No.9948 of 2024, decided 02-07-2024 by Satyavrat Verma, J. Anticipatory bail under Section 438 Cr.P.C. in matrimonial/complaint case (PS Case No. 1465 of 2021, District Araria) involving Sections 323, 498A, 34 IPC and Sections 3 and 4 Dowry Prohibition Act. Bail granted conditional on surrender/arrest within six weeks, bail bonds of Rs. 10,000/- with two like sureties, and payment of Rs. 3,000/- monthly maintenance to the complainant wife; express cancellation clause for non-payment of maintenance for two consecutive months. Keywords: anticipatory bail, dowry, matrimonial dispute, maintenance condition, cancellation of bail, Araria.
What did the court decide?
Anticipatory bail granted: petitioner to be released, on arrest or surrender before the learned trial court within six weeks, on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions, in connection with Complaint Case No. 1465C of 2021; petitioner to pay Rs. 3,000/- monthly maintenance to O.P. No. 2, failing which for two consecutive months O.P. No. 2 may seek cancellation of the bail.