Allowed

Shabbir Shah @ Md. Shabbir Shah v. State Of Bihar and Anr.

Patna HC6 Oct 2015CR. MISC./47022/2015

Case brief

AI extract

What is this about?

The High Court granted provisional anticipatory bail to a husband facing arrest in a dowry-related case under Sections 498A IPC and Dowry Prohibition Act. The bail is conditional upon reconciliation and harmony, requiring the complainant's appearance to restore marital dignity.

What did the court decide?

Provisional anticipatory bail for one year on surrender with £10,000 bond and two sureties, conditional on remarital harmony and summoning the complainant to the court.

Shabbir Shah @ Md. Shabbir Shah Vs State Of Bihar and Anr. — Domestic Violence | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.47022 of 2015

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Arising Out of PS.Case No. -2817 Year- 2013 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== Shabbir Shah @ Md. Shabbir Shah .... .... Petitioner/s Versus State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kamal Kishore Jha For the Opposite Party/s : Mr. Dilip Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 06-10-2015 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 Section 498A of the Indian Penal Code and Section 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 14 of the petition which reads as follows:-

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“ That the petitioner is still ready to keep his wife with full dignity and honour.”

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Patna High Court Cr.Misc. No.47022 of 2015 (2) dt.06-10-2015

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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, Purnia in connection with Complaint Case No. 2817 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 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

Shabbir Shah @ Md. Shabbir Shah v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Shabbir Shah @ Md. Shabbir Shah 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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