Partly allowed

Mohammed Mansoor and Ors. v. State Of Bihar and Anr.

Patna HC9 Nov 2012CR. MISC./44961/2012

Case brief

AI extract

What is this about?

An oral order granting provisional and anticipatory bail to a husband and four family members accused in a dowry harassment case. The court conditioned the bail on a 12-week window for surrender and stipulated confirmation of bail upon restoring matrimonial harmony within a year.

What did the court decide?

Provisional anticipatory bail for one year for petitioner No.1 on Rs. 10,000 bond; anticipatory bail for petitioners No.2 to 5 on Rs. 10,000 each with sureties, conditioned on surrender within 12 week

Mohammed Mansoor and Ors. Vs State Of Bihar and Anr. — Dowry and Cruelty | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.44961 of 2012

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====================================================== 1. Mohammed Mansoor 2. Rashida Khatoon 3. Shabnam Parveen @ Rumi 4. Shahina Parveen @ Guria 5. Md. Mosharraf @ Md. Salaluddin .... .... Petitioner/s

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Versus

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State Of Bihar & Anr .... .... Opposite Party/s

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====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

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ORAL ORDER

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2 09-11-2012 The matter has been listed for being taken up out of turn since petitioner No. 4 is expecting child and she has been admitted in the hospital. A supplementary affidavit to that effect has been filed.

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Petitioner No. 1 being husband of the informant and petitioner No. 2 being mother, petitioner Nos. 3 and 4 being sisters and petitioner No. 5 being brother-in-law of the husband of the informant are apprehending their arrest in a case registered for the offences punishable under Sections 498A/34 of the I.P.C. and Section 3/4 of the Dowry Prohibition Act.

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The basis accusation is of torture for nonfulfilment of dowry demand.

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Patna High Court Cr.Misc. No.44961 of 2012 (2) dt.09-11-2012

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2 / 3

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2 / 3

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It is submitted by learned counsel for the petitioners that petitioner No. 1 is ready to keep the informant as wife with full dignity and honour, hence the accusation is not being deliberated.

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Considering the aforesaid stand of the petitioner No. 1, let the petitioner No.1 namely Mohammed Mansoor, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for one year, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Phulwarisharif P.S. Case No. 323 of 2012.

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Let learned Court below issue notice to the informant and fix a date for her appearance. On appearance of the informant, the petitioner No. 1 will take the informant to her matrimonial house to keep her as wife with full dignity and honour.

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The provisional anticipatory bail of the petitioner No. 1 will be confirmed by the learned Court below on substantial restoration of the matrimonial harmony within a period of one year, or if the informant deliberately refuses to reside with the petitioner No.1.

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Considering the present stand of petitioner No. 1, let the petitioner Nos. 2 to 5 namely 2. Rashida Khatoon 3.

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Patna High Court Cr.Misc. No.44961 of 2012 (2) dt.09-11-2012

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3 / 3 3 / 3

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Shabnam Parveen @ Rumi 4. Shahina Parveen @ Guria 5. Md. Mosharraf @ Md. Salaluddin, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Phulwarisharif P.S. Case No. 323 of 2012.

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(Dinesh Kumar Singh, J)

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Shageer/-

Mohammed Mansoor and Ors. v. State Of Bihar and Anr.

Case brief

What is this about?

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Mohammed Mansoor and Ors. v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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