Allowed

Md. Hasnain Sah v. State Of Bihar and Anr.

Patna HC4 Apr 2016CR. MISC./14663/2016

Case brief

AI extract

What is this about?

The Patna High Court granted provisional anticipatory bail to a husband sued under Section 498A IPC. The bail was subject to conditions requiring restoration of matrimonial harmony or confirmation if the complainant failed to appear.

What did the court decide?

Provisional anticipatory bail granted for one year, subject to conditions of matrimonial harmony and proper notice to the complainant.

Md. Hasnain Sah Vs State Of Bihar and Anr. — Dowry and Cruelty | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.14663 of 2016 Arising Out of PS.Case No. -3659 Year- 2013 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Md. Hasnain Sah S/o Sah Naushad, Resident of village- Dholbajja, P.S.Forbesganj, District- Araria .... .... Petitioner/s Versus 1. The State of Bihar 2. Najni @ Guria D/o- Md. Sah Gayas W/o- Md. Hasnain Sah, Resident of village- Dholbajja, P.S.- Forbesganj, District- Araria .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Naushad Uzzoha For the Opposite Party/s : Mr. R.B. Roy Raman (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 04-04-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending his 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.

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The basic accusation is of torture.

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Patna High Court Cr.Misc. No.14663 of 2016 (2) dt.04-04-2016

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It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant and is ready to keep the complainantt as wife with full dignity and honour, statement to that effect has been made in paragraph 11 of the petition, which reads as follows:-

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

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Considering the present stand of the petitioner, let

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the above named petitioner be released on provisional anticipatory bail for one year in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Subdivisional Judicial Magistrate, Araria in connection with Complaint Case No. 3659 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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Let the learned court below issue notice to the complainant 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 within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial

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Patna High Court Cr.Misc. No.14663 of 2016 (2) dt.04-04-2016

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harmony; (ii) or if the complainant gets reluctant to reconcile the issue; and (iii) or if the complainant fails to appear before the learned court.

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

Md. Hasnain Sah v. State Of Bihar and Anr.

Case brief

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Md. Hasnain Sah v. State Of Bihar and Anr.

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