Partly allowed

Ajit Kumar Rai @ Manish Ojha v. The State Of Bihar

Patna HC7 Sept 2015CR. MISC./13099/2015

Case brief

AI extract

What is this about?

The High Court of Judicature at Patna granted interim anticipatory bail to the petitioner in a dowry harassment case involving offences under sections 323, 307, 498A IPC. The relief was contingent upon his arrest or surrender within 12 weeks and ordered to be confirmed by the lower court based on restored matrimonial harmony or failure of the wife to appear.

What did the court decide?

Grants provisional anticipatory bail for one year upon surrender within 12 weeks, subject to confirmation by the Court below under specified conditions regarding matrimonial harmony.

Ajit Kumar Rai @ Manish Ojha Vs The State Of Bihar — Dowry and Cruelty | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13099 of 2015

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Arising Out of PS.Case No. -251 Year- 2014 Thana -MAHILA P.S. District- BHOJPUR ====================================================== 1. Ajit Kumar Rai @ Manish Ojha Son of Rameshwar Rai resident of Village- Deochanda, Police Station- Piro, District- Bhojpur, at present resident of Mohalla- Jagdeo Nagar, Police Station- Ara Nawada, District- Bhojpur .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nagendra Pd. Yadav For the Opposite Party/s : Mr. Rina Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

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5 07-09-2015 The petitioner being husband of the daughter of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 323, 307, 379, 34, 498A of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act.

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

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The petitioner and daughter of the informant are present in Court. The petitioner admits his marriage with the daughter of the informant and is ready to keep the daughter of the informant as wife with dignity and honour. A statement to that effect has been made in para 10 of the petition which reads as follows:-

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“That the petitioner is always ready to keep his wife with full love

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Patna High Court Cr.Misc. No.13099 of 2015 (5) dt.07-09-2015

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2/2

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affection, dignity and regard.”

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It is submitted by learned counsel for the informant that daughter of the informant is ready to accept the offer of the petitioner but she is apprehensive due to the past conduct of the petitioner.

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Both sides agree to appear before learned Court below on 1^st of October, 2015, when the petitioner will take the daughter of the informant to her matrimonial house to keep her as wife with full dignity and honour.

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Considering the aforesaid stand of the parties, let the petitioner, above named, 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 learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Bhojpur Mahila P.S. Case No. 251 of 2014.

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The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of one year (ii) If the daughter of the informant fails to appear before learned Court below (iii) If the daughter of the informant is reluctant to reconcile the issue.

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(Dinesh Kumar Singh, J)

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Shageer/U T

Ajit Kumar Rai @ Manish Ojha v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Ajit Kumar Rai @ Manish Ojha v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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