Allowed

Neyaz Ahmad v. State Of Bihar and Anr.

Patna HC15 Sept 2015CR. MISC./18537/2015

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition arising out of a Section 498A IPC case, the Patna High Court granted provisional anticipatory bail to the petitioner, who admitted the marriage and expressed willingness to maintain his wife with dignity. Bail was granted for one year contingent on arrest or surrender within twelve weeks.

What did the court decide?

Released on provisional anticipatory bail for one year, to be confirmed later by the lower court based on specific material conditions.

Neyaz Ahmad Vs State Of Bihar and Anr. — Anticipatory Bail | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18537 of 2015

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Arising Out of PS.Case No. -731 Year- 2014 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Neyaz Ahmad Son of Md. Haroon resident of village- Siswaniya Jaitapur, P.S.- Ramgadhwa, District- East Champaran. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Shahnaj Khatoon Daughter of Md. Imran resident of Village- Lalu Nagar, East Khagaria P.S.- Bettiah (Muffasil) District- West Champaran. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Bharat Lal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 15-09-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code. The basic accusation is of torture. Initially it was submitted that the petitioner disputes the factum of marriage when the notices were issued to the complainant vide order dated 14.05.2015. The petitioner and

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Patna High Court Cr.Misc. No.18537 of 2015 (3) dt.15-09-2015

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the complainant are present.

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On instruction it is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant and birth of a female child and is ready to keep the complainant as wife with full dignity and honour separately since he has performed second marriage, though, statement to that effect has not been made in the petition.

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Counsel for the complainant submits that the complainant accepts the offer of the petitioner.

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Both sides agree to appear before the learned court below on 29^th of September, 2015 when the petitioner will take the complainant and child to keep them with full dignity and honour.

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Considering the present stand of the parties, let the above named petitioner be released on provisional anticipatory bail for one year in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Subdivisional Judicial Magistrate, Bettiah, West Champaran in connection with Complaint Case No. 731C of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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Patna High Court Cr.Misc. No.18537 of 2015 (3) dt.15-09-2015

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The provisional bail of the petitioner will be confirmed within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the complainant gets reluctant to reconcile the issue; and (iii) or if the complainant fails to appear before the learned court.

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(Dinesh Kumar Singh, J)

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DKS/-

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U T

Neyaz Ahmad v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Neyaz Ahmad v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

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