28 lakhs before anticipatory bail in dowry case, Marriage WITHOUT kids. Patna HC

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4864 of 2016

Arising Out of PS.Case No. -39 Year- 2014 Thana -MAHILA P.S. District- SARAN

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Prashant Kumar Singh @ Sonu, Son of Dilip Kumar Singh Resident of
Sarvamangal E/256 A- Block, Khuntadih Sonari (East), Police Station-
Sonari Jamshedpur, District- East Singhbhum, Jharkhand. …. …. Petitioner/s

Versus

1. The State of Bihar
2. Nutan Kumari Singh, Daughter of Samrendra Kumar Singh, Residing at
Mohalla- Ware House Gudari Bazar Main Road, Police Station- Bhagwan
Bazar, Chapra, District- Saran. …. …. Opposite Party/s

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Appearance :
For the Petitioner/s : Mr. Satya Prakash
For the Opposite Party/s : Mr. S.Ehteshmuddin(App)

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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

ORAL ORDER

01-09-2016

The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 504 and 498A/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

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

It is submitted by the learned counsel for the petitioner that the petitioner admits his marriage with the informant having no issue. The petitioner and the informant have now decided to part ways on payment of permanent alimony. A joint compromise petition has been filed stipulating that the petitioner has agreed to make payment of one time settlement amount of 28,00,000/-, out of which the petitioner has brought a bank draft of15,00,000/- vide draft no. 098028 drawn in Union Bank of India, Tin Plate Branch, Jamshedpur. . Counsel for the petitioner is handing over the draft to the counsel for opposite party no.2 for its being handed over to opposite party no.2. Rest of `13,00,000/- will be paid at the time of filing of Matrimonial Suit under Section 13(B) of the Hindu Marriage Act before the learned Principal Judge, Family Court, Chapra. The parties have also agreed to withdraw all the cases lodged against each other.

Learned counsel for the informant has not controverted the contention of counsel for the petitioner and admits that he has received the draft of `15,00,000/-.

It is expected from the learned counsel for the informant to make endorsement of draft of `15,00,000/- on record.

Considering the present stand of the parties, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/– (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., 1st Saran at Chapra in connection with Saran Mahila P.S. Case No. 39 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J)

Amrendra/-

U T

=== Select references ===

Section 341 in The Indian Penal Code : 341. Punishment for wrongful restraint.—Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

Section 323 in The Indian Penal Code : 323. Punishment for voluntarily causing hurt.—Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

Section 504 in The Indian Penal Code : 504. Intentional insult with intent to provoke breach of the peace.—Whoever intentionally insults, and thereby gives provoca­tion to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Section 498A in The Indian Penal Code : [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

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