Allowed

Subodh Kumar Mallick v. The State of Bihar

Patna HC5 Feb 2025CR. MISC./36454/2024

Case brief

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What is this about?

In a criminal miscellaneous matter stemming from a complaint case involving dowry harassment and IPC offences, the Patna High Court granted anticipatory bail to the petitioner.

What did the court decide?

The petitioner was enlarged on bail by furnishing a bond of Rs. 10,000/- with two sureties of like amount, subject to conditions including monthly payment of Rs. 3,000/- to the opposite party in her b

Subodh Kumar Mallick Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36454 of 2024

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Arising Out of PS. Case No.-180 Year-2020 Thana- MADHUBANI COMPLAINT CASE District- Madhubani

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======================================================

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Subodh Kumar Mallick Son Of Late Jagat Narayan Mallick Resident Of Village - Shivipatti, Ps- Rajnagar, Dist- Madhubani

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... ... Petitioner/s

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Versus

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The State of Bihar

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Archana Kumari Wife Of Subodh Kumar Mallick Village- Vinoda Jha Kalony, Ward No. 7, Ps- Madhubani Town, Dist- Madhubani

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Subhash Kumar Jha, Adv. For the Opposite Party/s : Mr.Dashrath Mehta, APP Mr.Ugranath Mallik, Adv.for OP-2 ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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5 05-02-2025

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Pursuant to order of this Court, the matter was referred to Mediation & Conciliation Centre of Patna High Court, but the dispute between the parties could not be resolved through the process of mediation and as such, mediation failed (Report kept at flag ‘C’).

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Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the complainant / opposite party no. 2.

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The petitioner, who is husband of opposite party no. 2, apprehends his arrest in a complaint case punishable for the offences under Sections 323, 341, 504, 379, 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

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Patna High Court CR. MISC. No.36454 of 2024(5) dt.05-02-2025 2/3

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Petitioner is alleged to have committed torture and harassment with opposite party no. 2 for dowry.

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Learned counsel for the petitioner submits that petitioner denies the allegation made in the complaint petition and submits that he never committed torture to opposite party no. 2 or demanded any dowry. However, the petitioner undertakes to give Rs. 3,000/-per month by way of temporary relief/solace, starting from this month, to the opposite party no.2.

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In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give temporary relief/solace of Rs. 3,000/- (Rupees three thousand) per month to the opposite party no. 2, in the event of arrest/surrender within a period of eight weeks from today, let the above-named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Madhubani in connection with C.R. No. 180 of 2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:-

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“(1) Opposite party no. 2 would file an affidavit before the court below and bring on record her savings bank account number for its

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Patna High Court CR. MISC. No.36454 of 2024(5) dt.05-02-2025 3/3

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communication to the petitioner.

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(2) Petitioner would deposit the aforesaid amount per month in the savings bank account of the opposite party no. 2.

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(3) In case, the petitioner fails to deposit the aforesaid amount for two consecutive months, the court below would be at liberty to cancel the bail-bond.

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(4) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.”

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(Prabhat Kumar Singh, J)

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anay

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U T

Subodh Kumar Mallick v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Subodh Kumar Mallick v. The State of Bihar

Case brief

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What did the court decide?

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