Allowed

Lalan Sah v. the State of Bihar

Patna HC21 Nov 2012CR. MISC./18218/2012

Case brief

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What is this about?

The Patna High Court granted the petitioner, apprehending arrest in a dowry and bigamy case, provisional anticipatory bail for nine months. Bail confirmation is contingent on inquiry findings regarding the alleged second marriage and restitution of the wife to her matrimonial home.

What did the court decide?

Provisional anticipatory bail for nine months, subject to conditions including a bond of Rs. 10,000 with two sureties and restitution of the wife to her matrimonial home if second marriage is denied.

Lalan Sah Vs the State of Bihar — Dowry and Cruelty | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18218 of 2012

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====================================================== Lalan Sah .... .... Petitioner/s Versus 1. The State Of Bihar 2. Poonam Devi .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 21-11-2012 Heard learned counsels for the

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petitioner, the State and the complainant.

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The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which cognizance has been taken for the offences punishable under Sections 498A, 494 of the Indian Penal Code and 4 of Dowry Prohibition Act.

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The accusation is of torture and performance of second marriage.

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The petitioner and the complainant are

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present.

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The petitioner denies to have performed

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second marriage and is ready to keep the complainant as wife with full dignity and honour.

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The offer is acceptable to the

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Patna High Court Cr.Misc. No.18218 of 2012 (4) dt.21-11-2012 2/3

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complainant but she claims that the petitioner has performed second marriage and has two issues from the second marriage.

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In the circumstances, let the above named petitioner be released on provisional anticipatory bail for nine months in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali at Hajipur in connection with Complaint Case No. 1908 of 2009, Tr. No. 2490 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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The provisional bail of the petitioner will be confirmed by the learned court below on verification of the fact that the petitioner has not performed second marriage and if it is found that the petitioner has not performed second marriage then the learned court below will fix a date when the complainant will appear before the learned court below when the petitioner will take the complainant

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Patna High Court Cr.Misc. No.18218 of 2012 (4) dt.21-11-2012 3/3

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to her matrimonial home to keep her as wife with

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full dignity and honour, but if it is found during enquiry that the petitioner has performed second marriage then the learned court below will not confirm the provisional bail of the petitioner when the petitioner surrender and pray for regular bail.

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This application is, accordingly,

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disposed of.

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Let the order be transmitted to the learned court below through fax at the cost of the petitioner.

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(Dinesh Kumar Singh, J.)

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DKS/

Lalan Sah v. the State of Bihar

Case brief

What is this about?

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Lalan Sah v. the State of Bihar

Case brief

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