Allowed

Md. Salimuddin v. State Of Bihar and Anr.

Patna HC22 Feb 2018CR. MISC./10251/2018

Case brief

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What is this about?

In a bail application, the Hon'ble Court granted release to the petitioner accused under Section 498A IPC and Section 3 of the Dowry Prohibition Act. The petitioner, in custody since 2017 and having no criminal antecedents, filed an application claiming false implication due to a petty family dispute. The Court allowed bail on furnishing a bond of Rs.10,000 with two sureties.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs.10,000 with two sureties of like amount.

Md. Salimuddin Vs State Of Bihar and Anr. — Dowry and Cruelty | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10251 of 2018

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Arising Out of PS. Case No.-1150 Year-2013 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur

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======================================================

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Md. Salimuddin, Son of Late Md. Quddosh, Resident of Mohalla- Narga, Garh Kachari, P.S.- Nath Nagar, District- Bhagapur.

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... ... Petitioner/s

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Versus

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The State of Bihar.

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Bibi Kamini Khatoon, Wife of Md. Salimuddin, D/o Md. Mobinuddin, Resident of Mohalla- Goorhatta, Mojahdipur, P.S.- Mojahidpur, DistrictBhagalpur.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Dr. Manoj Kumar For the Opposite Party/s : SMT. PRONATI SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 22-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in a case registered under Section 498A of the Indian Penal Code and ¾ of Dowry Prohibition Act. Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

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It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.09.2017 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon

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Patna High Court Cr.Misc. No.10251 of 2018(2) dt.22-02-2018 2/2

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the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

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On behalf of the State, it is submitted that the petitioner is named in the complaint case.

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Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bhagalpur in connection with Complaint case No.1150 of 2013.

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(Sudhir Singh, J)

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Narendra/-

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U T

Md. Salimuddin v. State Of Bihar and Anr.

Case brief

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Md. Salimuddin v. State Of Bihar and Anr.

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