Allowed

Md. Mumtaz Ali @ Nanhe v. the State of Bihar and Anr.

Patna HC1 Jul 2019CR. MISC./18413/2019

Case brief

AI extract

What is this about?

Application for an order of anticipatory bail under Section 498-A IPC was allowed. The petitioner was directed to appear before the lower court on 09.07.2019 for release on provisional bail of six months, after which the lower court would seek further observations. Witnesses were directed to appear fortnightly.

What did the court decide?

Application for anticipatory bail allowed; petitioner to appear before lower court on 09.07.2019 for provisional bail of six months.

Md. Mumtaz Ali @ Nanhe Vs the State of Bihar and Anr. — Domestic Violence | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18413 of 2019

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Arising Out of PS. Case No.-774 Year-2018 Thana- NALANDA COMPLAINT CASE District- Nalanda

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

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Md. Mumtaz Ali @ Nanhe, Son of Late Ramjan Ali, Resident of Village/Mohalla- Mogal Kuan, P.S.- sohsarai, Distt.- Nalanda

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... ... Petitioner/s

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Versus

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The State of Bihar.

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.2. Sakila Bano, D/o Late Akbar Hussain, W/o Mumtaz Ali @ Nanhe, Resident of Village/Mohalla - Barbigha, Mahallapar, P.s.- barbigha, Distt.Sheikhpura.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Kumari Sujata Sinha, Advocate For the Opposite Party/s : Mr.Lakshmi Kant Sharma, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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5 01-07-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 774C of 2018, disclosing offence under Section 498A of the Indian Penal Code.

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Case is under Section 498-A of the IPC.

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As there is submission on behalf of learned counsel for the petitioner that he is still ready to keep her with full dignity and care. It is the opposite party no.2 who is not interested in residing with the petitioner.

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Learned counsel for the opposite party no.2 has also appeared and submitted that she is also ready to reside with the petitioner, if she is allowed to live with full dignity and care.

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In such view of the matter, let the petitioner, above

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Patna High Court CR. MISC. No.18413 of 2019(5) dt.01-07-2019 2/2

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named, appear before the learned court below on 09.07.2019 and on that the opposite party no.2 shall also remain present in the Court, the learned court below shall release the petitioner on provisional bail for a period of six months. During that period, the learned court below shall watch the conduct of both the parties and further directs that both the parties shall appear in the second week of each month before the learned court below. Once the court below is satisfied with the conduct of both the parties, the court below either confirm the bail bonds of the petitioner or pass any other orders which may deem fit and proper, including cancelling the bail bonds of the petitioner.

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With the aforesaid observations, this application is

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allowed.

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(Vinod Kumar Sinha, J)

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Sunil Shukla/-

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U T

Md. Mumtaz Ali @ Nanhe v. the State of Bihar and Anr.

Case brief

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Md. Mumtaz Ali @ Nanhe v. the State of Bihar and Anr.

Case brief

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