Allowed

Md. Abujar v. State Of Bihar and Anr.

Patna HC3 Sept 2015CR. MISC./32375/2015

Case brief

AI extract

What is this about?

This is an order granting anticipatory bail to the petitioner, Md. Abujar, who was apprehending arrest in a complaint case under Sections 498A and 420 IPC. The High Court released him on bail with a bond of 10,000 plus sureties and directed appearance before the lower court within twelve weeks.

What did the court decide?

Petitioner released on anticipatory bail on furnishing bond of Rs. 10,000 with two sureties of like amount, to appear before the court below within 12 weeks.

Md. Abujar 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.32375 of 2015

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Arising Out of PS.Case No. -4358 Year- 2014 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== Md. Abujar Son of Md. Rafique resident of village - Hasalganj Ituwa, P.S. Rautara, District - Katihar .... .... Petitioner/s Versus 1. The State of Bihar 2. Bibi Tara Banu D/o Abdul Mannan, Wife of Md. Abujar at present residing at village - Paika Gola Kamalpur, P.S. Sadar Muffasil, Ranipatra, District - Purnea

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.... .... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Parmanand Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

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3 03-09-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is

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apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A and 420 of the Indian Penal Code.

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The basic accusation is of torture.

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Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 6 of the petition

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Patna High Court Cr.Misc. No.32375 of 2015 (3) dt.03-09-2015

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which reads as follows:-

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“ That it is relevant to mention here that the petitioner is still ready to keep his wife with full dignity.”

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Learned counsel for the complainant, on instruction, submits that the complainant is ready to accept the offer of the petitioner.

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

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Considering the present stand of the parties, let the above named petitioner be released on anticipatory bail 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, 1^st Class, Purnea in connection with Complaint Case No. 4358 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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The grant of bail to the petitioner will not preclude the complainant to file an application for cancellation of bail of the petitioner if the petitioner violates the undertaking given

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Patna High Court Cr.Misc. No.32375 of 2015 (3) dt.03-09-2015

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before this Court.

Amrendra/-
U T

(Dinesh Kumar Singh, J)

Md. Abujar v. State Of Bihar and Anr.

Case brief

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Md. Abujar v. State Of Bihar and Anr.

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