Sunday, November 2, 2014

Even aftr Arneesh Kumar SC hubby to pay 13 lakhs for bail in 498a, 406 / 34 Patna HC order !!

Marriage is sacred, it is NOT about money .... NO ... NEVER .... unless... unless the husband has to pay 13 lakhs to save his @ss !!


Excerpts :
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* husband apprehending arrest in a case under Sections 498A, 406/34 of the IPC and 3/4 of Dowry Prohibition Act.
* he basic accusation is of torture for non- fulfillment of the dowry demand.
* A supplementary affidavit has been filed to the effect that both sides agreed to get marriage dissolved on payment of permanent alimony of Rs.13,00,000/- (Thirteen lakhs), !!!!!

* thus ends the Pavithra bhandan !! the sacrosant sanskar of this great hindu couple !!



******************** judgement *********************


IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24268 of 2013
Arising Out of PS.Case No. -32 Year- 2012 Thana -MAHILA P.S. District- LAKHISARAI

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Raushan Kumar @ Roshan Kumar S/o Ashok Kumar Singh Resident of
Chetan Tola Khutha, P.S. Barahiya, District Lakhisarai, At Present Resident
of Village Pratappur, P.S. Barahiya, District Lakhisarai. .... ....   Petitioner/s

Versus

1. The State of Bihar.
2. Rinku Devi D/o Ramdeo Singh w/o Raushan Kumar Resident of Village
Jaitpur, P.S. Barahiya, District Lakhisarai. .... .... Opposite Parties.

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Appearance:
For the Petitioner        : Mr. Ojaswi Kumar, Advocate
For the State            : Mr. Ganesh Pd.Singh, APP
For Opposite Party No. 2     : Mr. Dr. Amrendra Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

ORAL ORDER

13-10-2014

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

The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 406/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

The basic accusation is of torture for non- fulfillment of the dowry demand.

A supplementary affidavit has been filed to the effect that both sides agreed to get marriage dissolved on payment of permanent alimony of Rs.13,00,000/- (Thirteen lakhs), out of which Rs.6,00,000/- (Six lakhs) will be deposited in the account of the minor daughter of the petitioner and opposite party no. 2 namely, Rozy Kumari within one month of filing of suit under Section 13B of the Hindu Marriage Act and the same will be invested in some fixed deposit scheme to be released in her favour on attaining majority. The petitioner will deposit Rs.7,00,000/- (Seven lakhs) on or before recording of statement of the parties on second call before the court where the suit under Section 13B Hindu Marriage Act will be pending. The compromise petition to the aforesaid effect has been filed before the learned court below. The factum of compromise is not being disputed by learned counsel for opposite party no. 2.

Considering the present stand of the parties, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Lakhisarai in connection with Lakhisarai (Mahila) P.S. Case No. 32 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.  http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

It is expected from the learned court below to dispose of Lakhisarai (Mahila) P.S. Case No. 32 of 2012 expeditiously in view of the present stand of the parties in accordance with law.

(Dinesh Kumar Singh, J)


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PDF VERSION uploaded here http://1drv.ms/1rMHIws

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*****************************disclaimer**********************************
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 or High court websites. 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 movement. SIF as a concept 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 and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . 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