Allowed

Md. Barjahan v. State Of Bihar and Anr.

Patna HC20 Jul 2015CR. MISC./28899/2015

Case brief

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What is this about?

The Patna High Court granted provisional anticipatory bail to a husband for one year in a 498A allegation, conditioned on his appearance before the lower court within twelve weeks, provisions of reconciliation, and specific conditions for confirmation of bail.

What did the court decide?

Released on provisional anticipatory bail for one year subject to conditions including appearance before the lower court within twelve weeks and furnishing a bond with sureties.

Md. Barjahan 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.28899 of 2015

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Arising Out of PS.Case No. -358 Year- 2015 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== Md. Barjahan .... .... Petitioner/s Versus State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Nand Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 20-07-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which 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.

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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 10 of the petition which reads as follows:-

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“ That the petitioner is the husband of the complainant and always ready to keep his wife with full dignity and honour.....”

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Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory

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Patna High Court Cr.Misc. No.28899 of 2015 (2) dt.20-07-2015

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2/2

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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 Judicial Magistrate, 2^nd Class, Purnea in connection with Complaint Case No. 358 of 2015, 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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Amrendra/-

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U T

Md. Barjahan v. State Of Bihar and Anr.

Case brief

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Md. Barjahan v. State Of Bihar and Anr.

Case brief

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