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Kundan Paswan v. The State Of Bihar

Patna HC21 Dec 2018CR. MISC./75988/2018

Case brief

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What is this about?

In a reference to Section 498A IPC matrimonial case, the High Court granted six months of provisional bail conditioned on the petitioner's undertaking to live honourably with his wife. The respondent wife was placed with her parents in Patna. The Trial Court was directed to review the bail if disputes subsist or the wife is not treated properly.

What did the court decide?

Released on provisional bail for six months upon furnishing sureties and undertaking to keep the wife with honour; directed to dwell with her parents in Patna.

Kundan Paswan Vs The State Of Bihar — Dowry and Cruelty | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.75988 of 2018

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Arising Out of PS. Case No.-67 Year-2018 Thana- MAHISHI District- Saharsa

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

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Kundan Paswan son of Bijo Paswan, Resident of Village- Pastwar, P.S. Meheshi, District- Saharsa.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Dhirendra Singh For the Opposite Party/s : Mr.Akhileshwar Dayal ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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2 21-12-2018 Heard both sides.

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The petitioner apprehends his arrest in Maheshi P.S. Case No.67 of 2018 registered under Section 498A and other Sections of the Indian Penal Code and Section ¾ of Dowry Prohibition Act.

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The learned counsel for the petitioner submits that the petitioner is ready to keep his wife with all honour and dignity. No specific allegation of demand of dowry is made. The wife of the petitioner wants to live with her parents in Patna.

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Considering the fact that petitioner is ready to keep his wife with all honour and dignity, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on provisional bail for six months on

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Patna High Court Cr.Misc. No.75988 of 2018(2) dt.21-12-2018 2/2

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furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Saharsa in connection with Maheshi P.S. Case No.67 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Thereafter, the court below shall make all efforts to resolve the disputes between husband and wife. If husband keeps his wife properly, the learned court below shall confirm the provisional bail of the petitioner and if the petitioner does not keep his wife properly, the learned court below shall pass order on the provisional bail of the petitioner in accordance with law.

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(Prabhat Kumar Jha, J)

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Saurabh/-

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U T

Kundan Paswan v. The State Of Bihar

Case brief

What is this about?

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Kundan Paswan v. The State Of Bihar

Case brief

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What did the court decide?

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