The petitioner was taken into custody under section 498 -A of the Indian Penal Code, “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.” This petition is in connection with Complaint Case No. 292-C of 2019 dated 03.05.2019.
In the high court of Judicature at Patna, this judgement was given by honourable Mr Justice Ahsanuddin Amanullah on the 2nd of September 2021 in the case of Dr Navin Kumar @ Navin Kumar Singh versus the State of Bihar, [Criminal Miscellaneous No.33968 of 2020] Mr Ajay Kumar Thakur represented as the advocate for the petitioner, and Mr Jharkhandi Upadhay represented the state of Bihar as the additional Public Prosecutor, and Mr Pankaj Kumar as the Advocate for the opposite party no.2 the proceedings of the court were held via video conference.
The following are the facts of the case the petitioner is the husband of the informant (opposite party no. 2), there was a matrimonial dispute and the couple had two children after the marriage and the court took steps to settle the dispute. Even with the best effort a settlement between the couple did not take place. There have been various stages regarding this dispute and finally, the parties are taking a final stand in this present petition.
The informant along with her children told the court that due to her past experience she is not safe in the matrimonial home and her mental health in this home will be worse. Further, the informant held that even though the court directed the petitioner to pay some money to the informant from his salary he defaulted for many months. The petitioner intervened and made an undertaking stating that he would make an up-to-date payment of the entire outstanding dues within two weeks.
The counsel for the informant (opposite party no.2) did not oppose the anticipatory bail for the petitioner but held that conditions must be put that the petitioner pays the required amount to the informant. Further, the counsel clarified that the petitioner is required to pay 35% of his salary and total emoluments, which has been stated in the petition.
The counsel representing the petitioner held that the petitioner has made a strategy as to pay the dues by the 20th of September 2021 and by the 10th of October the full amount will be given to his wife either by direct transfer or debited from his salary and by depositing the money in the account of the informant. According to the order from the court, the amount has not been specified and only 35% of the petitioner’s total salary emoluments and therefore the amount may differ with respect to the salary, however, it will be strictly complied with.
The court held that “the Court is inclined to grant pre-arrest bail to the petitioner. The petitioner is released on bail upon furnishing bail bonds of Rs. 25,000 with two sureties to the Judicial Magistrate, in Complaint Case No. 292-C of 2019, under Section 438(2) of the Cr.P.C. that the petitioner, by 20th September 2021, shall clear all arrears of whatever he is required to pay in terms of the order of the Court below till August 2021, and thereafter by 10th of the successive month such payment shall be made by the petitioner to the opposite party no. 2; if not directly transmitted after cutting it from the salary and emoluments paid to the petitioner, then it should be done by the petitioner himself, but the deadline should be strictly adhered to. The petition stands disposed of in the aforementioned terms.”