P&H HC | Bail granted as a right with the condition to comply with the order of payment of arrears of maintenance within stipulated time

Punjab and Haryana High Court: Gurvinder Singh Gill, J. allowed the petition for the anticipatory bail with the condition to comply with the order of payment of maintenance to the complainant.

An application for the interim bail was made for the case registered under Sections 323, 406, 498-A and 506 of the Penal Code.

The brief facts of the case were that petitioner and other members of the families were not satisfied with the article of dowry and frequently used to harass the complainant. It was also alleged that the complainant was beaten by the accused on various occasion and was thrown out of the matrimonial house.

Shalender Mohan, counsel for the petitioner submitted that false FIR was registered against the petitioner on the account of some minor matrimonial differences between the parties. It was further added that the petitioner pursuant, to the interim directions, has already deposited an amount of Rs 1.25 lakhs and that he deserves the concession of bail.

Aditi Girdhar and Sandeep Kotla, counsels for the State and complainant respectively informed that the petitioner had joined the investigation but the gold articles comprising stridhan were yet to be discovered. It was further informed that the petitioner had not even deposited any amount towards the maintenance as under Section 125 CrPC, which is due since the last about three years.

The court thus opined that petitioner in the event of arrest be released on bail subject to furnishing the personal bond and surety bond to the satisfaction of arresting and investigating officer. The condition that the petitioner should clears payment of a least 50% of the arrears of maintenance awarded under Section 125 CrPC to the complainant within two months from today was also added by the court.[Vijay v. State of Haryana, 2019 SCC OnLine P&H 1475, decided on 19-08-2019]

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