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Md. Saheb v. The State Of Bihar

Patna HC13 May 2015CR. MISC./49311/2014

Case brief

AI extract

What is this about?

In this criminal miscellaneous application, the High Court of Patna confirmed the petitioner's provisional anticipatory bail. The court held that the petitioner maintained readiness to reconcile with his wife despite prior conditions imposed by the informant.

What did the court decide?

Confirmation of provisional anticipatory bail granted to the petitioner; directive to appear on 08.06.2015 for reconciliation; liberty to cancel bail if undertaking violated.

Md. Saheb Vs The State Of Bihar — Pension and Retirement Benefits | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.49311 of 2014

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====================================================== 1. Md. Saheb S/O;Md.Anam R/o;village-Raibari Mahuawa Bhulahawa Dih P.S-Chautarwa, District-west Champaran .... .... Petitioner Versus 1. The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Anand Kishore Choudhary For the Opposite Party : Mr. Upendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 4 13-05-2015 The present application has been filed for modification of the order dated 07.10.2013 passed in Cr. Misc. No. 32122 of 2013, whereby the petitioner being husband of the informant was granted provisional anticipatory bail for one year on readiness of the petitioner to keep the informant as wife with full dignity and honour. The provisional bail of the petitioner was to 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 learned Court below (iii) if the informant is reluctant to reconcile the issue.

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It is submitted by learned counsel for the petitioner that order of learned Court below dated 24.06.2014 reflects that petitioner was ready to keep the informant as wife with dignity and honour but the informant put a condition that until parents of the petitioner being father-in-law and motherin-law of the informant execute a bond she would not got to her

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Patna High Court Cr.Misc. No.49311 of 2014 (4) dt.13-05-2015

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matrimonial house.

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It is further submitted by learned counsel for the petitioner that petitioner is still ready to keep the informant as wife with dignity and honour.

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It is submitted by learned counsel for the informant that informant is ready to accept the offer of the petitioner.

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It is also submitted by learned counsel for the petitioner that bail bonds of the petitioner has still not been cancelled.

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Considering the aforesaid submissions and the fact that petitioner is still ready to keep the informant as wife with full dignity and honour, the order dated 07.10.2013 passed in Cr. Misc. No. 32122 of 2013 is modified to the extent that the provisional bail granted to the petitioner is hereby confirmed.

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Let both the petitioner and the informant appear before learned Court below on 8^th of June, 2015 when the petitioner will take the informant to her matrimonial house and keep her as wife with full dignity and honour. However, if the petitioner fails to appear or not comply the undertaking given before this Court, the learned Court below will be at liberty to cancel the bail bonds of the petitioner.

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Accordingly the modification application is disposed off in connection with Mahila Bagaha P.S. Case No. 24

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Patna High Court Cr.Misc. No.49311 of 2014 (4) dt.13-05-2015

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of 2013, pending in the Court of learned Additional Chief Judicial Magistrate, Bagaha, West Champaran.

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(Dinesh Kumar Singh, J)
Shageer/-
U T

Md. Saheb v. The State Of Bihar

Case brief

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Md. Saheb v. The State Of Bihar

Case brief

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