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Aurangzeb @ Md. Aurangzeb Misbahi v. the State of Bihar

Patna HC27 Aug 2019CR. MISC./22566/2019

Case brief

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What is this about?

In a matrimonial dispute involving allegations of dowry demand and assault, the Patna High Court confirmed the petitioner's provisional bail upon his acceptance to pay Rs. 2,500 monthly to the respondent as a condition for release.

What did the court decide?

Petitioner to pay Rs. 2,500 per month in OP-2's bank account by the 10th of every month, starting 01.09.2019, as condition for bail confirmation.

Aurangzeb @ Md. Aurangzeb Misbahi Vs the State of Bihar — Matrimonial and Divorce | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22566 of 2019

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Arising Out of PS. Case No.-81 Year-2018 Thana- JAGDISHPUR District- Bhagalpur

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

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Aurangzeb @ Md. Aurangzeb Misbahi, aged about 26 years, M, Son of Md. Yunus Ansari @ Md. Yunus Sardar, Resident of Village- Bidaidih, P.S.Banka, District- Banka.

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... ... Petitioner/s

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Versus

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The Stat of Bihar

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Bibi Rokhshana Khatoon, aged about 24 years, Daughter of Md. Kayoon Ansari, Resident of Village- Khajanagar Paschim Puraini, P.S.- Jagdishpur, District- Bhagalpur.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ranjan Kumar Jha, Adv. For the Opposite Party/s : Mr.Kanhaiya Kishore, App100 For the Opposite Party 2 : Mr. Indeshwari Prasad, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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6 27-08-2019

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Heard Mr. Ranjan Kumar Jha, learned counsel for the

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petitioner and Mr. Indeshwari Prasad, learned counsel for the opposite party no. 2.

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The petitioner is husband of O.P. no. 2. There is a marriage dispute between petitioner and O.P. no. 2 and the allegation against the petitioner is of demand of dowry and due to non fulfillment of the same, the petitioner along with other accused persons assaulted the informant physically and mentally. The matter was referred for mediation but it appears that before the learned Mediator no amicable settlement was arrived at between the parties. However, during the course of the arguments and without prejudice to the right and contention of the parties, Mr. Ranjan Kumar Jha, learned counsel appearing for the petitioner submits that petitioner is

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Patna High Court CR. MISC. No.22566 of 2019(6) dt.27-08-2019 2/2

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ready to pay a sum of Rs. 2,500/- per month in favour of O.P. no. 2 as living cost of O.P. no. 2 and her children subject to final outcome of any matrimonial case filed by the parties.

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The offer made by learned counsel appearing for the petitioner has been accepted by learned counsel appearing for O.P. no. 2 on instruction.

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Accordingly, let the petitioner pay a sum of Rs. 2,500/per month in the bank account of O.P. No. 2, which be provided by learned counsel for O.P. no. 2 to the learned counsel for the petitioner within a week.

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Accordingly, the provisional bail granted by this Court by order dated 09.04.2019 is confirmed, subject to the condition that petitioner will be paying a sum of Rs. 2,500/- per month in the bank account of the O.P. no.2 regularly to be started from 1^st of September, 2019 and it is made clear that the amount of Rs. 2,500/- per month must be transferred by 10^th day of every month in the bank account of O.P. no. 2.

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O.P. no. 2 is given liberty to file an appropriate application for cancellation of bail of the petitioner, in case, he fails to abide by terms and conditions of this bail order.

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(Anil Kumar Sinha, J)

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Anjula/- U

Aurangzeb @ Md. Aurangzeb Misbahi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Aurangzeb @ Md. Aurangzeb Misbahi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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