1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. OF 2024 ( Arising out of SLP(Criminal) No. 6262/2024) BASU DAS @ BASU KUMAR DAS Appellant(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) O R D E R 1. Leave granted. 2. The present appeal arises out of the impugned judgment and order dated 15.01.2024, passed by the High Court of Judicature at Patna in Criminal Miscellaneous No.37110 of 2023 whereby, the High Court, while granting anticipatory bail to the present appellant, in connection with the Plaint Case No. 153/2019 dated 19.01.2019, filed before the Chief Judicial Magistrate, District-Katihar, Bihar for the offence punishable under Section-498A read with Section-34 of the Indian Penal Code, had imposed a condition which reads as under- ….. “Petitioner is ready to pay Rs.3,000/- per month to the complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, the informant/ complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner”…..
2 3. Heard learned counsels for the parties. 4. It is submitted by the learned counsel appearing for the respondent no.2-complainant that the appellant is not making any payment towards her maintenance though the concerned Court has passed the order for maintaining her, and though the respondent no.2- complainant has filed the execution proceedings in that regard. However, in our opinion, while granting anticipatory bail to the appellant, such punitive condition of making payment for maintaining the respondent no.2-complainant, could not have been passed by the High Court. It is needless to say that the bail conditions could not be such, which would tantamount to execution of the maintenance order. 5. In that view of the matter, without expressing any opinion on the merits of the case, we are inclined to accept the present appeal and grant anticipatory bail to the present appellant. 6. Hence, it is directed that in the event of the arrest of the appellant, in connection with the Plaint Case No. 153/2019 dated 19.01.2019, filed before the Chief Judicial Magistrate, District-Katihar, Bihar, he shall be released on bail, if not required in any other case, on such terms and conditions that may be imposed
3 or deem fit by the Trial Court. 7. It goes without saying that the respondent-State shall be at liberty to file appropriate application seeking cancellation of bail in case any of the conditions, that may be imposed by the Trial Court, are violated or breached by the appellant. 8. Accordingly, the appeal is allowed. 9. Pending application(s), if any, shall stand closed. .......…..............J. (BELA M. TRIVEDI) .........................J. (SATISH CHANDRA SHARMA) New Delhi 17 th December, 2024
4 ITEM NO.4 COURT NO.11 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 6262/2024 [Arising out of impugned final judgment and order dated 15-01-2024 in CRLM No. 37110/2023 passed by the High Court of Judicature at Patna] BASU DAS @ BASU KUMAR DAS Petitioner(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) (IA No. 93853/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 93856/2024 - EXEMPTION FROM FILING O.T. IA No. 93857/2024 - PERMISSION TO FILE LENGTHY LIST OF DATES) Date : 17-12-2024 These matters were called on for hearing today. CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petitioner(s) Mr. Anurag Ojha , AOR Ms. Renu, Adv. For Respondent(s) Mr. Anshul Narayan,, Adv. Mr. Prem Prakash, AOR Mr. Shrey Kapoor, AOR Mr. Sitesh Narayan Singh, Adv. UPON hearing the counsel the Court made the following O R D E R 1. The appeal is allowed in terms of the signed order. 2. Pending application(s), if any, shall stand closed. (NISHA KHULBEY) (MAMTA RAWAT) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH) *physical appearance not given for respondent-complainant
ITEM NO.3 COURT NO.12 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 6262/2024 [Arising out of impugned final judgment and order dated 15-01-2024 in CRLM No. 37110/2023 passed by the High Court of Judicature at Patna] BASU DAS @ BASU KUMAR DAS Petitioner(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) (IA No. 93853/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 93856/2024 - EXEMPTION FROM FILING O.T. IA No. 93857/2024 - PERMISSION TO FILE LENGTHY LIST OF DATES) Date : 14-11-2024 These matters were called on for hearing today. CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petitioner(s) Mr. Anurag Ojha , AOR Ms. Renu, Adv. For Respondent(s) Mr. Anshul Narayan, Addl. Standing Counsel, Adv. Mr. Prem Prakash, AOR Mr. Shrey Kapoor, AOR Mr. Sitesh Narayan Singh, Adv. UPON hearing the counsel the Court made the following O R D E R 1. Learned counsel for the respondent-State seeks time to file counter affidavit. The same be filed in two weeks. 2. Learned counsel for the petitioner to take specific instructions. Rejoinder thereto, if any, may also filed in two weeks after the filing of the counter affidavit. 3. List the matter after four weeks. (NISHA KHULBEY) (MAMTA RAWAT) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
ITEM NO.1 COURT NO.13 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No.6262/2024 (Arising out of impugned final judgment and order dated 15-01-2024 in CRLM No. 37110/2023 passed by the High Court of Judicature at Patna) BASU DAS @ BASU KUMAR DAS Petitioner(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) (IA No. 93853/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 93856/2024 - EXEMPTION FROM FILING O.T. & IA No. 93857/2024 - PERMISSION TO FILE LENGTHY LIST OF DATES) Date : 30-09-2024 This matter was called on for hearing today. CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petitioner(s) Ms. Renu, Adv. Mr. Anurag Ojha, AOR For Respondent(s) Mr. Anshul Narayan, Addl. Standing Counsel, Adv. Mr. Prem Prakash, AOR Mr. Shrey Kapoor, Adv. UPON hearing the counsel the Court made the following O R D E R 1. The learned counsel appearing for Respondent No.2 – complainant seeks time to file reply affidavit. 2. List after four weeks. 3. In the meantime, it is directed that in the event of arrest of the petitioner in connection with P.S. Case No.153/2019, Thana Katihar, District Katihar, Bihar, he shall be released on bail, subject to his joining investigation and remaining present before the Investigating Officer as and when called upon to do so, till the next date of hearing. (VISHAL ANAND) (MAMTA RAWAT) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
ITEM NO.71 REGISTRAR COURT SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MS. SUJATA SINGH Petition(s) for Special Leave to Appeal (Crl.) No(s). 6262/2024 BASU DAS @ BASU KUMAR DAS Petitioner(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) Date : 12-08-2024 This petition was called on for hearing today. For Petitioner(s) Mr. Anurag Ojha , AOR For Respondent(s) Mr. Anshul Narayan, Addl. Standing Counsel, Adv. Mr. Prem Prakash, AOR UPON hearing the counsel the Court made the following O R D E R Mr. Anshuman Harsh, Ld. Advocate has appeared on behalf of Mr. Prem Prakash, Ld. Advocate-on-Record for respondent No.1 and submits that he has already filed the vakalatnama on behalf of respondent No.1. Registry to verify and report. Delay in filing spare copies is condoned in respect of respondent No.2. Registry to issue notice. List again on 30.9.2024. SUJATA SINGH Registrar MG
ITEM NO.6 COURT NO.14 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).6262/2024 (Arising out of impugned final judgment and order dated 15-01-2024 in CRLM No.37110/2023 passed by the High Court of Judicature at Patna) BASU DAS @ BASU KUMAR DAS Petitioner(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) (IA No.93853/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No.93856/2024 - EXEMPTION FROM FILING O.T. AND IA No.93857/2024 - PERMISSION TO FILE LENGTHY LIST OF DATES) Date : 10-07-2024 This matter was called on for hearing today. CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petitioner(s) Ms. Renu, Adv. Mr. Kamlesh Kumar Mishra, Adv. Mr. Anurag Ojha, AOR For Respondent(s) Mr. Anshul Narayan, Addl. Standing Counsel, Adv. Mr. Prem Prakash, AOR UPON hearing the counsel the Court made the following O R D E R 1. Service of notice issued to the respondent No.2 is awaited. 2. The learned counsel for the petitioner prays to issue fresh notice. 3. Let the fresh notice be issued to the respondent No.2, returnable after four weeks. 4. Dasti service, in addition, is permitted. (RAVI ARORA) (MAMTA RAWAT) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.14 COURT NO.15 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No.10135/2024 (Arising out of impugned final judgment and order dated 15-01-2024 in CRLM No. 37110/2023 passed by the High Court of Judicature at Patna) BASU DAS @ BASU KUMAR DAS Petitioner(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) (IA No.93853/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No.93856/2024-EXEMPTION FROM FILING O.T. and IA No.93858/2024-CONDONATION OF DELAY IN REFILING SLP and IA No.93857/2024-PERMISSION TO FILE LENGTHY LIST OF DATES) Date : 24-04-2024 This petition was called on for hearing today. CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Mr. Anurag Ojha , AOR Ms. Shivani Verma, Adv. Mr. Kamlesh Kumar Mishra, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R 1. Heard learned counsel for the petitioner and perused the record. 2. Delay condoned. 3. Issue notice, returnable after four weeks. 4. Dasti service, in addition, is permitted. 5. Liberty is also granted to serve the Standing counsel for the State of Bihar. (VISHAL ANAND) (MAMTA RAWAT) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)