Allowed

Md. Sakeel @ Md. Shakil v. The State Of Bihar

Patna HC23 Apr 2013CR. MISC./12129/2013

Case brief

AI extract

What is this about?

This is an oral order granting provisional anticipatory bail to a petitioner accused of torture for dowry non-fulfillment. The court examined the petitioner's willingness to restore matrimonial harmony and imposing conditions including a bond, appearance of the complainant, and confirmation of bail based on restored harmony or the complainant's failure to appear.

What did the court decide?

Provisional anticipatory bail for one year granted subject to bond, sureties, and a notice to the complainant to appear with the petitioner.

Md. Sakeel @ Md. Shakil Vs The State Of Bihar — Dowry and Cruelty | Patna HC (2013)

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Patna High Court Cr.Misc. No.12129 of 2013 (2) dt.23-04-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12129 of 2013

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====================================================== Md. Sakeel @ Md. Shakil .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 23-04-2013 Heard learned counsels for the petitioner and the State. The petitioner being the husband is apprehending arrest in a complaint case in which cognizance has been taken under Sections 323 and 494A of the Indian Penal Code.

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The basic accusation is of torture for non fulfillment of dowry demands.

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It is submitted that the petitioner is ready to keep the complainant as wife with full dignity and honour, hence, the accusation is not being deliberated.

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Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year in the event of 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 SDJM Vaishali at Hajipur in connection with Complaint Case

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Patna High Court Cr.Misc. No.12129 of 2013 (2) dt.23-04-2013

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No. 84 of 2011 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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Let the learned court below issue notice to the complainant for her appearance when the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour.

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The provisional bail of the petitioner will be confirmed

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by the learned court below in three eventualities – (i) if the matrimonial harmony is substantially restored or (ii) if the complainant deliberately refuses to reside with the petitioner or (iii) if the complainant fails to appear before the learned court below.

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(Dinesh Kumar Singh, J)

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Anil/-

Md. Sakeel @ Md. Shakil v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Md. Sakeel @ Md. Shakil v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

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