Partly allowed

Manjoor Ahmad @ Manzoor Ahmad v. State Of Bihar and Anr.

Patna HC28 Aug 2015CR. MISC./38052/2015

Case brief

AI extract

What is this about?

The High Court at Patna granted provisional anticipatory bail to a husband accused under Sections 323, 406, and 498A IPC. Bail is subject to confirmation if matrimonial harmony is restored or parties reconcile before the lower court.

What did the court decide?

Provisional anticipatory bail for one year contingent on surrender or arrest, subject to confirmation upon reconciliation or re-appearance by the informant.

Manjoor Ahmad @ Manzoor Ahmad Vs State Of Bihar and Anr. — Matrimonial and Divorce | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38052 of 2015

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Arising Out of PS.Case No. -383 Year- 2015 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Manjoor Ahmad @ Manzoor Ahmad .... .... Petitioner/s Versus State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhurendra Kumar For the Opposite Party/s : Mr. Jitendra Kumar Rai 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 28-08-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case in which process has been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 406 and 498A 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 informant and is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 11 of the petition which reads as follows:-

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“ That the petitioner is ready to keep his wife (informant/complainant) with fully honour and dignity.”

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Learned counsel for the informant, on instruction,

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Patna High Court Cr.Misc. No.38052 of 2015 (2) dt.28-08-2015

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submits that the informant is ready to accept 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 informant to keep her as wife with full dignity and honour.

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It appears that the father of the petitioner has also filed a case against the informant being Motihari Town P.S. Case No. 321 of 2015.

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Both sides also agree to file appropriate application in the said case also that the issue has been reconciled.

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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 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 Chief Judicial Magistrate, East Champaran at Motihari in connection with Motihari Town P.S. Case No. 383 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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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

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Patna High Court Cr.Misc. No.38052 of 2015 (2) dt.28-08-2015

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appear before the learned court below or (iii) if the informant gets

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reluctant to reconcile the issue.

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(Dinesh Kumar Singh, J)

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Amrendra/-
U T

Manjoor Ahmad @ Manzoor Ahmad v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Manjoor Ahmad @ Manzoor Ahmad v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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