Allowed

Manohar Kumar v. State Of Bihar and Anr.

Patna HC5 Oct 2015CR. MISC./46476/2015

Case brief

AI extract

What is this about?

Anticipatory bail petition filed by a husband apprehending arrest for dowry torture and cruelty under Sections 498A IPC and Dowry Prohibition Act. Court granted provisional bail contingent on restoration of harmony and appearance of the wife.

What did the court decide?

Release on provisional anticipatory bail for one year on furnishing a bond of Rs. 10,000 with two sureties, subject to conditions including restoration of matrimonial harmony.

Manohar Kumar 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.46476 of 2015

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Arising Out of PS.Case No. -789 Year- 2015 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ====================================================== Manohar Kumar .... .... Petitioner/s Versus State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Kamran, Adv. For the Opposite Party/s : Mr. Parmanand Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 05-10-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A 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 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 9 of the petition which reads as follows:-

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“ That the petitioner is still ready to keep and maintain her with dignity and affection....”

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Patna High Court Cr.Misc. No.46476 of 2015 (2) dt.05-10-2015

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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 SDJM, Darbhanga in connection with Complaint Case No. 789 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

Manohar Kumar v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Manohar Kumar v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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