Irfan Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

Irfan Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

What the court decided

AI extract

Outcome

Bail application allowed: petitioner to be enlarged on bail, in the event of arrest/surrender within eight weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnea/concerned Court in connection with Amour P.S. Case No. 224 of 2023, subject to section 438(2) CrPC conditions and further conditions: (1) opposite party no. 2 to file affidavit disclosing her savings bank account number for communication to the petitioner; (2) petitioner to deposit the monthly maintenance amount in that account; (3) default for two consecutive months permits the court below to cancel the bail-bond; (4) payments subject to orders in matrimonial/maintenance/connected proceedings.

Issue for consideration

Whether the petitioner, husband of opposite party no. 2, apprehending arrest in connection with Amour P.S. Case No. 224 of 2023 registered for offences under Sections 341, 342, 323, 498(A), 34 IPC and Section 3/4 of the Dowry Prohibition Act, is entitled to be enlarged on bail.

Court's answer

In view of the petitioner's undertaking to pay Rs. 3,000/- per month maintenance to opposite party no. 2, the petitioner, in the event of arrest/surrender within eight weeks, is enlarged on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnea/concerned Court, subject to the conditions under section 438(2) CrPC.

Ratio / Principle

Failure by the petitioner to deposit the monthly maintenance amount for two consecutive months entitles the court below to cancel the bail-bond.

Key takeaways

The monthly payments stand 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.ratio¶26

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court (Criminal Miscellaneous No. 5614 of 2024, decided 15-01-2025) - Petitioner (husband) apprehended arrest in Amour P.S. Case No. 224 of 2023 (District Purnia) registered for offences under Sections 341, 342, 323, 498(A), 34 IPC and Section 3/4 of the Dowry Prohibition Act, alleging dowry torture and harassment of opposite party no. 2 (wife/informant) - Court-referred mediation before the Mediation & Conciliation Centre of Patna High Court failed as opposite party no. 2 did not appear - In view of petitioner's undertaking to pay Rs. 3,000/- per month maintenance, he was enlarged on bail, in the event of arrest/surrender within eight weeks, on bail bond of Rs. 10,000/- with two like sureties to the satisfaction of learned C.J.M., Purnea/concerned Court, subject to section 438(2) CrPC conditions and further conditions: wife to disclose her savings bank account by affidavit; petitioner to deposit the monthly maintenance therein; default for two consecutive months empowers the court below to cancel the bail-bond; payments subject to any order in matrimonial/maintenance/connected proceedings and the order does not preclude the parties resolving the issue otherwise. (Prabhat Kumar Singh, J)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5614 of 2024

Arising Out of PS. Case No.-224 Year-2023 Thana- AMAUR District- Purnia

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

Irfan Son of Habibur Rahman @ Md. Habib R/o vill - Ashraf Nagar, Amour ward no. 6, P.S. - Amour, Distt. - Purnea

... ... Petitioner/s

Versus

The State of Bihar

Riffat Praween W/o Irfan R/o vill - Ashraf Nagar, Amour ward no. 6, P.s. - Amour, Distt. - Purnea

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Rana Randhir Singh Mr. Md. Fazle Karim ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

6 15-01-2025

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, since opposite party no. 2 did not appear before the Mediation Centre and as such, mediation failed (Report kept at flag ‘M’).

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

The petitioner, who is husband of opposite party no. 2, apprehends his arrest in a case registered for the offences under Sections 341, 342, 323, 498(A), 34 of the Indian Penal

Patna High Court CR. MISC. No.5614 of 2024(6) dt.15-01-2025 2/3

Code and Section 3/4 of the Dowry Prohibition Act.

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

Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3,000/- per month, starting from this month, to opposite party no. 2.

In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount 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 C.J.M., Purnea / concerned Court in connection with Amour P.S. Case No. 224 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:-

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

Patna High Court CR. MISC. No.5614 of 2024(6) dt.15-01-2025

3/3

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

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

(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.”

(Prabhat Kumar Singh, J)

anay

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