Allowed

Mithun Kumar v. State Of Bihar and Anr.

Patna HC7 Oct 2015CR. MISC./47278/2015

Case brief

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What is this about?

The Patna High Court granted the petitioner provisional anticipatory bail for one year subject to conditions regarding matrimonial harmony and the complainant's appearance, in a case involving alleged dowry harassment.

What did the court decide?

Released on provisional anticipatory bail for one year subject to furnishing bond and satisfying conditions regarding matrimonial harmony.

Mithun Kumar 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.47278 of 2015

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Arising Out of PS.Case No. -27514 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Mithun Kumar .... .... Petitioner/s Versus State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Smt. Anita Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 07-10-2015 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 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 11 of the petition which reads as follows:-

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

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Patna High Court Cr.Misc. No.47278 of 2015 (2) dt.07-10-2015

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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, Patna in connection with Complaint Case No. 27514 of 2014, 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/U T

Mithun Kumar v. State Of Bihar and Anr.

Case brief

What is this about?

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Mithun Kumar v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

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