Allowed

Dharmendra Chauhan v. State Of Bihar and Anr.

Patna HC11 Sept 2015CR. MISC./43191/2015

Case brief

AI extract

What is this about?

The High Court granted the petitioner provisional anticipatory bail for one year in a dowry harassment case. Bail was conditional upon the petitioner appearing before the court below to accept the wife within twelve weeks to restore marital harmony.

What did the court decide?

Provisional anticipatory bail for one year, conditional upon appearing before the trial court within twelve weeks to accept the wife.

Dharmendra Chauhan 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.43191 of 2015

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Arising Out of PS.Case No. -340 Year- 2014 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ====================================================== Dharmendra Chauhan .... .... Petitioner/s Versus State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amrendra Nath Vishawas For the Opposite Party/s : Mr. H.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 11-09-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is

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apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 379 and 498A/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 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 7 of the petition which reads as follows:-

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“ That the petitioner is husband of the victim Complainant/informant and he is ready to keep with full dignity her wife.”

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Patna High Court Cr.Misc. No.43191 of 2015 (2) dt.11-09-2015

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2/2

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Learned counsel for the informant, on instruction, 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 1^st of October, 2015 when the petitioner will take the informant to keep her as 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 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, 1^st Class, Nalanda at Bihar Sharif in connection with Giriyak P.S. Case No. 340 of 2014, 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 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/U T

Dharmendra Chauhan v. State Of Bihar and Anr.

Case brief

What is this about?

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Dharmendra Chauhan v. State Of Bihar and Anr.

Case brief

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