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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be enlarged on bail upon arrest/surrender within six weeks, on 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, Nalanda at Biharsharif, subject to section 438(2) CrPC conditions and conditions requiring deposit of Rs. 3000/- per month maintenance into the bank account of opposite party no.2 (disclosed by affidavit), failing which for two consecutive months the court below may cancel the bail bond.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, husband of opposite party no.2, who apprehends arrest in Mahila P.S. Case No. 140 of 2020 registered for offences punishable under Sections 498A, 379/494 IPC and Sections 3 & 4 of the Dowry Prohibition Act. +1 more

Court's answer

In view of the petitioner's undertaking to pay maintenance of Rs. 3000/- per month, the petitioner is to be enlarged on bail in the event of arrest/surrender within six weeks, on furnishing a 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, Nalanda at Biharsharif in Mahila Police Station Case No. 140 of 2020, subject to the conditions of section 438(2) CrPC and the further conditions specified in the order.

Ratio / Principle

As conditions of bail, opposite party no.2 is to file an affidavit before the court below bringing on record her saving bank account number for communication to the petitioner, and the petitioner is to deposit the maintenance amount per month in that saving bank account.

Key takeaways

If the petitioner fails to deposit the maintenance amount for two consecutive months, the court below would be at liberty to cancel the bail bond.ratio¶22
The maintenance payments are made subject to any order passed in matrimonial, maintenance or connected proceedings, and the present order in no way precludes the parties from resolving the issue otherwise.ratio¶23

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Prabhat Kumar Singh, J.) allowed the anticipatory bail application of Jaykant Kumar, husband of opposite party no.2 Rupa Rani, who apprehended arrest in Mahila P.S. Case No. 140 of 2020 (District Nalanda) for offences punishable under Sections 498A, 379/494 IPC and Sections 3 & 4 of the Dowry Prohibition Act. Mediation having failed (Mediator's report dated 11.12.2024), bail was directed in the event of arrest/surrender within six weeks on a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the SDJM, Nalanda at Biharsharif, subject to section 438(2) CrPC and additional conditions: the wife to disclose her saving bank account number by affidavit; the husband to deposit Rs. 3,000/- per month maintenance therein; default for two consecutive months to empower the court below to cancel the bail bond; payments subject to any order in matrimonial/maintenance or connected proceedings, without precluding other resolution of the dispute.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9254 of 2024

Arising Out of PS. Case No.-140 Year-2020 Thana- MAHILA P.S. District- Nalanda

====================================================== Jaykant Kumar Son of Ajay Kumar @ Chunnu R/o vill - Silao Dih, P.s. - Silao, Distt.- Nalanda ... ... Petitioner

Versus

The State of Bihar

Rupa Rani D/o Rajnandan Prasad R/o vill - Dhekwaha, P.S. - Islampur, Distt. - Nalanda

... ... Opposite Parties

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

Appearance :

For the Petitioner : Mrs. Soni Shrivastava, Advocate Mr. Gaurav Singh, Advocate For the Opposite Party/s : Mr.Parmanand Kumar, A.P.P. Mr. Subhash Kumar, Advocate

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

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

5 08-01-2025

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 498A, 379/494 of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act.

Mediator’s report dated 11.12.2024 reveals that in spite of efforts, dispute between the parties could not be resolved through process of mediation. However, it is submitted by learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3000/-per month, starting from this month to the 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. 3000/- per month, in the event of arrest/surrender within a period of six weeks from today, above-named petitioner

Patna High Court CR. MISC. No.9254 of 2024(5) dt.08-01-2025 2/2

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, Nalanda at Biharsharif in Mahila Police Station Case No. 140 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:-

(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 maintenance amount per month in the saving bank account of the opposite party no.2.

(iii) 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.

(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 parties to resolve the issue otherwise.

(Prabhat Kumar Singh, J)

Shashi

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