Wednesday, August 14, 2013

run away wife files 498a case aftr 12+ years. husband gets bail on condition of monthly maintenance, PATNA HC . Court also insists that the money be paid to the wife at court, on specific dates etc etc ..I.e. very specific instructions. NO question on why wife ran away, what happened last 12 years etc etc .... Husband alleges that wife is trying to grab his land !!!


run away wife files 498a case aftr 12+ years. husband gets bail on condition of monthly maintenance, PATNA HC . Court also insists that the money be paid to the wife at court, on specific dates etc etc ..I.e. very specific instructions. NO question on why wife ran away, what happened last 12 years etc etc .... Husband alleges that wife is trying to grab his land !!!

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IN THE HIGH COURT OF JUDICATURE AT PATNA 

Criminal Miscellaneous No.22474 of 2013

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Md. Ainul Haque Son Of Md. Makbul Resident Of Village Simaria Daroga Tola P.S. Korha, District Katihar **** **** Petitioner/s

Versus

The State Of Bihar **** **** Opposite Party/s

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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH 

ORAL ORDER

07-08-2013 

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends arrest in connection with Complaint Case No. 1671 of 2012 in which cognizance has been taken under Section 498A of the Indian Penal Code. The allegation against the petitioner, who is the husband of the informant, along with others, is demand of dowry, torture and turning out from the matrimonial house. 

Learned counsel for the petitioner submits that because the complainant herself had deserted him, he was forced to re-marry and now he has four children from the second marriage. It is also submitted that the case has been lodged after 12 ½ years and even the cause is said to have arisen since June, 2006 and then also after six years the case has been instituted. Patna High Court Cr.Misc. No.22474 of 2013 (2) dt.07-08-2013 2/3

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Learned counsel submits that the same has been filed only with a view to exert pressure on the petitioner to register his ancestral land in favour of the complainant. It is submitted that the same is not possible as he and his family also are dependant on the same. He however clarifies that whatever is the share of the children born out of wedlock of the petitioner to the complainant, they shall be given their due.

Learned A.P.P. for the State submits that the petitioner is required to take care of the wife since he has married the second time without either divorcing the complainant or making adequate arrangement for her welfare and upkeep including that of all the children.

Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, subject to the condition that he pays Rs. 1,000/- (One thousand) for the complainant and Rs. 500/- (Five hundred) each for the three children totalling Rs. 2,500/- (Two thousand and Five hundred) per month, by way of interim arrangement. Accordingly, the petitioner shall surrender before the Court below within four weeks from today along with a demand draft in favour of the complainant for Rs. 2,500/- (Two thousand and Five hundred) which shall be submitted to the Court. He shall thereafter be released on provisional bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in Complaint Case No. 1671 of 2012, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

The Court shall thereafter call upon the complainant and the draft would be handed over to her. The Court shall fix monthly dates in the case for the next six months and on the fixed dates the petitioner and the complainant shall appear before the Court when the petitioner shall hand over the draft of Rs. 2,500/- (Two thousand and Five hundred) to the complainant before the Court which shall be recorded and after six months the bail shall be confirmed upon the petitioner giving an undertaking to the Court that the amount of Rs. 2,500/- (Two thousand and Five hundred) shall be paid to the complainant regularly on a month to month basis, latest by the 10th of the following month. In the event of violation of any of the terms and conditions of the bail or the undertaking, the bail of the petitioner in the present case shall stand cancelled. The application, accordingly, stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J.)

Anjani/-




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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
 
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Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist