Partly allowed

Md. Allaudin v. State Of Bihar and Anr.

Patna HC10 Nov 2016CR. MISC./20677/2016

Case brief

AI extract

What is this about?

The High Court held that the petitioner admits the marriage but claims desertation and a subsequent marriage. With neither party appearing before the mediation centre nor the petitioner's spouse before the court, the matter was considered for regular bail upon surrender within six weeks to the court below.

What did the court decide?

Recast the application for mediation report as a prayer for regular bail, directing the lower court to grant bail upon surrender within six weeks.

Md. Allaudin Vs State Of Bihar and Anr. — Matrimonial and Divorce | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20677 of 2016

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Arising Out of Complaint Case No. -1947 Year- 2013 Thana -SAHARSA COMPLAINT CASE District- SAHARSA ====================================================== Md. Allaudin son of Late Kismat Mian, .... .... Petitioner/s Versus 1. The State of Bihar. 2. Shabnam Khatoon, W/o Md. Allauddin, D/o Md. Aalamin, .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Subesh Sharma, Advocate For the Opposite Party/s : Mr. Renu Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 6 10-11-2016 Heard learned counsels for the petitioner and the State.

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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 and 494 of the Indian Penal Code.

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Basic accusation is of torture and performing second

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marriage.

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It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant and birth of two children, but since the complainant deserted the petitioner, the petitioner performed second marriage and the complainant has also performed second marriage.

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Patna High Court Cr.Misc. No.20677 of 2016 (6) dt.10-11-2016

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2/2

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This Court vide order dated 25.07.2016, referred the matter to the Mediation and Conciliation Centre of the Bihar State Legal Services Authority. The report of the mediator dated 17.09.2016, kept at flag 'M' reflects that the issue could not be resolved through the process of mediation since opposite party no.2 failed to appear as she has performed second marriage. The matter was adjourned on 26.09.2016 due to non-appearance of counsel for opposite party no.2. Today, also none appears on behalf of opposite party no.2.

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Keeping in view of the nature of accusation and the fact that neither anyone is appearing on behalf of opposite party no.2 before this Court nor appearing before the mediation centre, it is a case for consideration of prayer for regular bail.

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Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Complaint Case No.1947C/2013, pending before the learned SDJM, Saharsa.

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With the above observation, this application is, accordingly, disposed off.

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(Dinesh Kumar Singh, J)

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Ashwini/-

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U T

Md. Allaudin v. State Of Bihar and Anr.

Case brief

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Md. Allaudin v. State Of Bihar and Anr.

Case brief

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