Sk. Wakil Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

Sk. Wakil Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

What the court decided

AI extract

Outcome

Petition allowed: petitioner to be enlarged on bail in the event of arrest/surrender within a period of eight weeks, on bail bond of Rs. 10,000 with two sureties of the like amount each, subject to section 438(2) CrPC conditions and the additional conditions (disclosure of opposite party no.2's savings bank account by affidavit; monthly deposit of Rs. 3,000 interim relief; cancellation of bail-bond on two consecutive months' default; payments subordinate to orders in matrimonial/maintenance or connected proceedings).

Issue for consideration

Whether the petitioner, husband of opposite party no.2, apprehending arrest in Amdabad Police Station Case No. 184 of 2023 (offences punishable under Sections 420, 498A/379 of the Indian Penal Code and Sections 3/4 of the D.P. Act), should be enlarged on bail. +1 more

Court's answer

Bail granted: in the event of arrest/surrender within eight weeks, the petitioner is to be enlarged on bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the Sub Divisional Judicial Magistrate, Katihar, in Amdabad Police Station Case No. 184 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

Ratio / Principle

Condition (i): opposite party no.2 is to file an affidavit before the court below bringing on record her savings bank account number, for communication to the petitioner.

Key takeaways

Condition (ii): the petitioner is to deposit the interim relief every month into the savings bank account of opposite party no.2.ratio¶19
Condition (iii): on the petitioner's failure to deposit the temporary relief/solace for two consecutive months, the court below is at liberty to cancel the bail-bond.ratio¶20
Condition (iv): the interim payments are subject to any order passed in matrimonial, maintenance or connected proceedings, and the present order does not preclude the parties from resolving the issue otherwise.

Detailed headnote1 paragraphs

Patna High Court (Prabhat Kumar Singh, J., oral order dated 20-01-2025), Criminal Miscellaneous No. 36739 of 2024 arising out of Amdabad P.S. Case No. 184 of 2023, Katihar: petitioner (husband of opposite party no.2) apprehending arrest in a case registered under Sections 420, 498A/379 of the Indian Penal Code and Sections 3/4 of the D.P. Act — prosecution alleging marriage on 9.1.2022 followed by dowry demands, assault/torture and ouster of the wife — granted bail in the event of arrest/surrender within eight weeks, on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Katihar, subject to section 438(2) CrPC conditions and further conditions: (i) opposite party no.2 to file an affidavit disclosing her savings bank account number; (ii) petitioner to deposit Rs. 3,000 per month interim relief into that account; (iii) failure to deposit for two consecutive months entitles the court below to cancel the bail-bond; (iv) payments subject to any order in matrimonial, maintenance or connected proceedings, without precluding other resolution between the parties.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36739 of 2024

Arising Out of PS. Case No.-184 Year-2023 Thana- AMDABAD District- Katihar

====================================================== Sk. Wakil Son of Sk Fakruddin Resident of village - Bel Gachhi, P.S.Amdabad, District – Katihar ... Petitioner

Versus

The State of Bihar

Johenur Khatoon Wife of Sk Wakil Daughter of Sk Mahboob, Resident of Village - Sultan Nagar, P.S.- Harishchandrapur, District - Malda (West Bengal)

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Bimal Kumar, Advocate For the Opposite Party/s : Mr.Ramesh Chandra, A.P.P. Mr. Md. Musowir, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 20-01-2025

Heard learned counsel for the petitioner, the State and the opposite party no.2.

The petitioner, who is husband of opposite party no.2, apprehends arrest in a case registered for the offence punishable under Sections 420, 498A/379 of the Indian Penal Code and Sections 3/4 of the D.P. Act.

Prosecution case in brief is that opposite party no.2 was married with the petitioner on 9.1.2022. After marriage, this petitioner along with other accused persons started demanding dowry and on non-fulfillment of the same they used to assault and torture her. Lastly, accused persons ousted opposite party no.2 from her matrimonial house.

Learned counsel appearing for the petitioner submits that petitioner has committed no offence. However, petitioner is ready to give Rs. 3000/-per month to opposite party no.2 by way of temporary relief/solace, starting from this month.

Patna High Court CR. MISC. No.36739 of 2024(4) dt.20-01-2025 2/3

Learned counsel for the State as well as opposite party no.2 oppose the prayer for bail. Learned counsel for opposite party no.2 submits that the petitioner, being husband of opposite party no.2, in connivance with his family members, subjected her to harassment and cruelty for non-fulfillment of demand of dowry and also ousted her to her parents’ house. It is further submitted that she has no means of livelihood and is on the verge of starvation.

In view of the undertaking of learned counsel for the petitioner as well as condition of opposite party no.2, in the event of arrest/surrender within a period of eight weeks from today, let the petitioner, above-named, 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 the Sub Divisional Judicial Magistrate, Katihar in Amdabad Police Station Case No. 184 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:-

(i) Opposite party no.2. would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.

(ii) Petitioner would deposit the aforesaid interim relief per month in the saving bank account of the opposite party no.2.

(iii) In case, petitioner fails to deposit the aforesaid amount of temporary relief/solace for two consecutive months, the court below would be at liberty to cancel the bail-bond.

(iv) 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

Patna High Court CR. MISC. No.36739 of 2024(4) dt.20-01-2025 3/3

parties to resolve the issue otherwise.

(Prabhat Kumar Singh, J)

Shashi

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