Allowed

Bir Chand Kumar @ Bir Chand Rai v. State Of Bihar and Anr.

Patna HC27 Aug 2015CR. MISC./36140/2015

Case brief

AI extract

What is this about?

Allowed provisional anticipatory bail for one year to the petitioner, a husband accused of dowry torture, conditional on matrimonial harmony being restored within 12 weeks or surrender before the lower court.

What did the court decide?

Provisional anticipatory bail for one year on bond of Rs. 10,000 with two sureties, upon restoration of matrimonial harmony or within 12 weeks.

Bir Chand Kumar @ Bir Chand Rai 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.36140 of 2015

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Arising Out of PS.Case No. -235 Year- 2013 Thana -ATHMALGOLA District- PATNA

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====================================================== Bir Chand Kumar @ Bir Chand Rai .... .... Petitioner/s Versus State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satrudhan Kumar For the Opposite Party/s : Mr. Parmanand Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 27-08-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A, 323, 341 and 379/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

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The accusation is of torture for non-fulfilment of the dowry demand.

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Learned counsel for the petitioner submits that the petitioner has not performed second marriage and is ready to keep the informant as wife with full dignity and honour. Statements to that effect has been made in para 17 and 18 of the petition which reads as follows:-

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“17. ;g fd vkosnd us fdlh vU; ;qorh d s lkFk foi{kh l0 2 ds vfrfjDr fdlh ds l a x a fookg ugh fd;k gS A a

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18 . ;g fd vkosnd foi{kh l0 2 ds lkFk a nkEiR; thou dk fuokZgu djuk pkgrk gAS ”

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Patna High Court Cr.Misc. No.36140 of 2015 (2) dt.27-08-2015

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2/2

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Considering the present stand of the petitioner, let the 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 Addl. Chief Judicial Magistrate, Barh, Patna in connection with Athmalgola P.S. Case No. 235 of 2013, 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 informant for her appearance. On her appearance, the petitioner will take the informant 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 informant fails to appear before the learned court below or (iii) if the informant 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

Bir Chand Kumar @ Bir Chand Rai v. State Of Bihar and Anr.

Case brief

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Bir Chand Kumar @ Bir Chand Rai v. State Of Bihar and Anr.

Case brief

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What the court decided

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