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Mithelesh Kumar @ Mithilesh Kumar v. The State Of Bihar

Patna HC21 Mar 2014CR. MISC./50769/2013

Case brief

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What is this about?

Patna High Court granted provisional bail to a husband facing charges under Section 498A IPC and Section 4 Dowry Prohibition Act, conditional upon surrendering and filing an undertaking to resolve the matrimonial dispute with the complainant.

What did the court decide?

Provisional bail granted on furnishing bond of Rs. 5000 and two sureties, conditional upon surrender and undertaking to resolve matrimonial dispute.

Mithelesh Kumar @ Mithilesh Kumar Vs The State Of Bihar — Dowry and Cruelty | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.50769 of 2013

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======================================================

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Mithelesh Kumar @ Mithilesh Kumar, son of Gurudeo Mandal, resident of Village- Piluwa Jharna, P.S. Bounsi, District- Banka

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.... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 2 21-03-2014 Heard learned counsel for the petitioner and the State.

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Petitioner-husband is apprehending his arrest in connection with a case registered for the offence under Section 498A of the Penal Code and Section 4 of the Dowry Prohibition Act. It is submitted on his behalf that notwithstanding the Complaint Petition he is ready and willing to continue the matrimonial relationship with the complainant and to that effect he shall file a written undertaking on affidavit in the court below within a period of four weeks from the date of receipt/production of a copy of this order in the court below. No sooner the petitioner surrenders in the court below within a period of four weeks from the date of receipt/production of a copy of this order in the court below and files such affidavit, petitioner, named above, be admitted to the privilege of provisional bail on furnishing bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial

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Patna High Court Cr.Misc. No.50769 of 2013 (2) dt.21-03-2014

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Magistrate, Bhagalpur in connection with Complaint Case No. 493/2012 and thereafter the complainant should be noticed and after she appears in the court below, in presence of the court, petitioner shall make all possible efforts for resolution of the matrimonial dispute between him and the complainant not only by words of mouth but also by his suitable conduct and gesture. In the event court below is satisfied that dispute is resolved and matrimonial peace prevails in the family or the complainant is back to her matrimonial home or she is found to be unreasonable, provisional bail granted to the petitioner shall be confirmed, failing which court below shall be at liberty to pass appropriate orders in accordance with law considering the reasonableness of the stand of the parties.

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This application is, accordingly, disposed of.

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Let this order be communicated to the court below

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through fax on payment of usual charges by the petitioner.

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(V.N. Sinha, J)

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Rajesh/-

Mithelesh Kumar @ Mithilesh Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Mithelesh Kumar @ Mithilesh Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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