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Kapil Mishra And Others v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 9858 of 2005  RD-AH 3368 (22 September 2005)
Hon'ble S.S. Kulshreshtha, J.
Hon'ble K. N. Ojha, J.
Heard and also perused the materials on the record.
It is said that Smt. Anchal Sharma had withdrawn from her nuptial home without any just and reasonable cause. The petitioners are all the time ready and willing to maintain the victim woman.
Having regards the facts and circumstances of the case, we dispose of this petition by directing that the petitioners shall not be arrested in Case Crime No. 328/05, under sections 498A/328/504/506/307 I.P.C. and section 3/4 Dowry Prohibition Act, Police Station Sadar Bazar, district Meerut, till submission of the report by the police provided the petitioner no.1 pays Rs. 2,500/= per month towards maintenance amount through bank draft to Smt. Anchal Sharma, the victim woman. The first instalment of the maintenance amount shall be paid on or before 10th October, 2005. Subsequent instalments shall be continued to be paid in the successive months on or before the 15th day of the month. This order is passed on an analogy of the principle of law laid down in the case of Bodhisattwa Gautam Vs. Miss Subhra Chakraborty, (AIR 1996 SC 922.
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