Disposed

Md. Woli v. State Of Bihar and Anr.

Patna HC28 Apr 2015CR. MISC./11442/2015

Case brief

AI extract

What is this about?

This oral order granted the petitioner provisional anticipatory bail for one year subject to conditions involving reconciliation, in a criminal complaint case alleging offences underSections 498A IPC and the Dowry Prohibition Act.

What did the court decide?

Released on provisional anticipatory bail for one year subject to furnishing bond and appearance before the Court below to reconcile with the complainant.

Md. Woli Vs State Of Bihar and Anr. — Dowry and Cruelty | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11442 of 2015 Arising Out of PS.Case No. -279 Year- 2014 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ====================================================== Md. Woli s/o Abdul Hakim .... .... Petitioner/s Versus 1. The State of Bihar 2. Sima Khatoon, Wife of Md. Woli, Daughter of Md. Jabir, at present village- Posuya Pataniya, P.S.- Riga, District- Sitamarhi .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Dr.Indiwar Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 28-04-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 147, 323, 498A, 380 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The accusation is of torture for non-fulfillment of the dowry demand.

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On instruction, learned counsel for the petitioner submits that the petitioner is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 11 of the petition which reads as follows:-

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"11. That the petitioner is ready to keep his wife with full honour dignity ……" Considering the present stand of the petitioner, let the

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Patna High Court Cr.Misc. No.11442 of 2015 (2) dt.28-04-2015

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2/2

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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 ` 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sadar, Sitamarhi in connection with Complaint Case No. C1/279/2014, 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. On her appearance, the petitioner will take the complainant to keep her as wife with full dignity and honour.

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The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue.

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(Dinesh Kumar Singh, J)

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Ashwini/-

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U T

Md. Woli v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Md. Woli 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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