Tag Archives: Anticipatory bail after paying moolah

10 CRORES for AB ! Not judicial discretion ! Onerous condition of 10 crores set aside by Supreme court !!

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Supreme Court of India

Avinash Arora And Ors. vs State Of U.T. Chandigarh And Anr. on 13 April, 2000

Equivalent citations: 2000 CriLJ 4674, JT 2000 (7) SC 501

Bench: G Pattanaik, U Banerjee

JUDGMENT

  1. Leave granted.
  2. The appellants have been alleged to have committed offence under Sections 420, 406, 468, 467, 471 and 120B, I.P.C. On an application being filed under Section 438 of the CrPC, the High Court of Punjab and Haryana granted anticipatory bail, subject to deposit Rs. 10 crores. The appellants did avail of the order by issuing a cheque of Rs. 10 crores from the IFCI ‘No Lien Account’. The earlier order was, however, modified requiring the appellants to deposit Rs. 10 crores from his own account. It is this order which is now being assailed before us. Mr. Jain, the learned senior counsel appearing for the appellants contends that requiring to deposit Rs. 10 crores itself is an unjust order and cannot be held to be proper exercise of discretion by the Court for grant of anticipatory bail under Section 438. Ms. Jaiswal, the learned Counsel for the State as well as the learned Counsel appearing for IFCI contend that the Court ought not to have exercised his discretion under Section 438, in view of the nature of accusation. But the Court having done so by requiring the appellants to deposit Rs. 10 crores, the same need not be interfered with. Having heard the learned Counsel for the parties, we have no hesitation to come to the conclusion that the Court committed error in passing the conditional order of depositing Rs. 10 crores for grant of anticipatory bail as in our view, this cannot be held to be an exercise of judicial discretion. In that view of the matter, we set aside the impugned direction and remit the matter to the High Court for re-disposal of the petition filed under Section 438 of the CrPC, in accordance with law.
  3. The appeals are disposed of.

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 ….”

*****************************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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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. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

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)

avin/-

U T

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Vinayak

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

Even aftr clear SC directions in Arneesh Kumar case, 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 !!

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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/ ; https://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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*****************************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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CASE FROM JUDIS / INDIAN KANOON WEB SITE
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FOLLOW http://twitter.com/ATMwithDick on twitter or https://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/ FOR 100s of high court and supreme court cases

regards

Vinayak
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

PatnaHC: Want bail? Pay 3lakhs to wife Only then confirmed bail !

So, marriage is a costly affair in India !! Here is a gentleman who has to cough up 3 lakhs to his wife IF he wishes to get bail !!

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.873 of 2014
Arising Out of PS.Case No. -270 Year- 2013 Thana -JAKKANPUR District- PATNA

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Anand Kumar S/O Ashok Kumar residing at Mohalla – Kesari Nagar ( Rajiv
Nagar ) (in the house of Indra Narayan Jha), P.O. – Shastrinagar, District –
Patna. …. …. Petitioner
Versus
The State of Bihar …. …. Opposite Party
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH

ORAL ORDER

15-10-2014

Heard the parties.

On the last occasion the parties had appeared and the petitioner was ready to pay Rs.3 lacs as permanent alimony along with articles which the opposite party No.2 had brought to her house and the informant-opposite party No.2 had sought time to consider the said proposal. No affirmative reply has been given by the opposite party.

Let the petitioner deposit Rs.3 lacs as interim arrangement since this Court is not in a position to assess financial capabilities of the parties within a period of four months.

On such deposit being made, the provisional anticipatory bail granted to the petitioner by order dated 10.3.2014 in connection with Jakkanpur P.S.Case No. 270 of 2013, pending in the court of the Chief Judicial Magistrate, Patna, shall stand confirmed. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

The money deposited by the petitioner shall be withdrawn by informant-opposite party No.2 on due verification.

With this observation, this application is disposed of.

(Anjana Prakash, J)


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PDF version uploaded here : http://1drv.ms/10K9OmK

*********************************************************

*****************************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.

******************************************************************
CASE FROM JUDIS / INDIAN KANOON WEB SITE
******************************************************************

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FOLLOW http://twitter.com/ATMwithDick on twitter or https://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/ FOR 100s of high court and supreme court cases

regards

Vinayak
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