This order confirms provisional bail granted to the petitioner in a dowry-related case involving offences under the Indian Penal Code and Dowry Prohibition Act, subjecting the matter to mediation.
Confirmation of provisional bail granted on 26.03.2019 and liberty to apply for mediation or one-time settlement before the court below.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15692 of 2019
Arising Out of PS. Case No.-58 Year-2018 Thana- INARWA District- West Champaran
======================================================
IMTEYAZ AHAMAD Son of Alam Ansari Resident of Village- Hardi Patti, Police Station- Nautan, District- West Champaran
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Shiv Kumar Dwivedy For the Opposite Party/s : Mr.Shailendra Kumar For the informant : Mr. Bimlesh Kumar Pandey ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 07-05-2019
Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 447, 498(A)/34 of the Indian Penal Code and Sections ¾ of the Dowry Prohibition Act.
Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.
It has been submitted that vide order dated 26.03.2019, the petitioner was granted provisional bail. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has
Patna High Court CR. MISC. No.15692 of 2019(3) dt.07-05-2019 2/2
been submitted in the present case. 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 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 .
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, the provisional bail granted to the petitioner vide order dated 26.03.2019 in connection Inarwa P.S. Case No. 58 of 2018 to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, is hereby confirmed.
If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.
(Sudhir Singh, J)
Pankaj/-
2 issues framed by the court
Whether to confirm the provisional bail granted to the petitioner vide order dated 26.03.2019.
Whether the petitioner was falsely implicated in a case arising from a family dispute involving dowry allegations.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharReferred¶19
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, 2006(3) PLJR 182
2 provisions across 2 enactments
Imteyaz Ahamad
The State of Bihar
Taranum Khatoon
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
