Tuesday, February 3, 2015

Man pays 12 Lakhs alimony for bail n 498a case. NO quash or anything JUST bail !! Patna HC Jan '15

Man pays 12 Lakhs alimony for bail n 498a case. NO quash or anything JUST bail !! Patna HC Jan '15

".....By filing supplementary affidavit it is submitted that on payment of rupees twelve lacs as permanent alimony, both husband and wife have decided to dissolve their marriage and accordingly...."

"....fact that both parties have settled their dispute amicably on payment of permanent alimony and they have agreed to take divorce, the petitioner above named, in case of his surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail ...."


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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 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 Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr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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CASE FROM JUDIS / INDIAN KANOON WEB SITE
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30674 of 2014
Arising Out of PS.Case No. -2170 Year- 2013 Thana -PATNA

COMPLAINT CASE District-PATNA
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1. Neeraj Kumar Son of Late Binay Kumar Singh Resident of Shet Bhukka,
P.S. Maner, District - Patna at present Residing at Quarter No. A/8 ( Old ),
C.I.D. Colony, Shashtrinagar, P.O. AND P.S. Shashtrinagar, District - Patna .... ....   Petitioner/s
Versus
1. The State of Bihar
2. Smt. Anshu Sinha
@ Priyanka Wife of Neeraj Kumar, Daughter of Sri
Deo Dhari Singh Resident of Village - Kothwa, P.O. and P.S. Khagaul,
District - Patna .... .... Opposite Party/s
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Appearance :
For the Petitioner/s     :  Mr. Dhananjay Kumar
For the Opposite Party/s   : Mr. Arun Kumar (App)
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CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA

ORAL ORDER

22-01-2015

Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Complaint Case No. 2170 ( c ) of 2013 in which cognizance has been taken under Section 498A of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act.

By filing supplementary affidavit it is submitted that on payment of rupees twelve lacs as permanent alimony, both husband and wife have decided to dissolve their marriage and accordingly, demand draft of rupees twelve lacs has been deposited in the court of Principal Judge, Family Court, Patna, and as such, the petitioner deserves sympathetic consideration.
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In the facts and circumstances stated above and considering the fact that both parties have settled their dispute amicably on payment of permanent alimony and they have agreed to take divorce, the petitioner above named, in case of his surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Mohd. Saleem, J. M. Ist Class, Patna in connection with Complaint Case No. 2170 ( C ) of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J)

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