Allowed

Lambu Sah v. The State of Bihar.

Patna HC18 Jun 2019CR. MISC./3070/2019

Case brief

AI extract

What is this about?

In this bail application arising from a dowry harassment complaint, the High Court granted anticipatory bail to the petitioner. The court noted that mediation failed due to the opposite party not appearing and allowed bail subject to standard conditions under Section 438(2) CrPC.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs.25,000 with two sureties, subject to Section 438(2) CrPC.

Lambu Sah Vs The State of Bihar. — Dowry and Cruelty | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3070 of 2019

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Arising Out of PS. Case No.-966 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran

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

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Lambu Sah Surendra Sah Residence of Village- Nimuiya Turha Tola, P.S.Chiraiya, Dist- East Champaran.

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... ... Petitioner/s

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Versus

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The State of Bihar.

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Puja Devi W/o Lambu Sah D/o Late Kamal Sah, Presently Residence of Village-Bediban Madhuban, P.S.- Pipra, Dist.- East Champaran. Matrimonial R/o Nimuiya Turha Toli, P.S.- Chiraiya, Dist- East Champaran.

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... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Ajay Kumar Singh For the Opposite Party/s : Mr.Raj Ballabh Singh

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

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA

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ORAL ORDER

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6 18-06-2019

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Heard learned counsel for the parties.

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The petitioner is apprehending his arrest in connection

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with Tr. No.2222 of 2018 arising out of Complaint Case No.C966/2017, registered for offences punishable under Sections 498A of the Indian Penal Code and Sections ¾ of the Dowry Prohibition Act.

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Allegation against the petitioner is of subjecting the complainant-O.P.no.2 to cruelty with respect of demand of chain, golden ring and one motorcycle. It further appears that after appearance of the O.P.no.2, the matter was referred to

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Patna High Court CR. MISC. No.3070 of 2019(6) dt.18-06-2019 2/3

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the Mediation Centre for mediation and reconciliation, however, from the report, it appears that in spite of their best efforts, the mediation could not succeed. It has been informed by the petitioner that O.P.no.2 has not appeared before the Mediator in spite of information being given to her.

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Submission of the learned counsel for the petitioner is that all the allegations are general and omnibus in nature and he has falsely been implicated in this cae and he is ready to abide by any condition imposed upon her.

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Heard learned A.P.P. also.

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Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on furnishing bail bond of Rs.25,000/(Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Sadar, Motihari, East Champaran in connection with Trial No.2222 of 2018 arising out of Complaint Case No.C-966 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

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Patna High Court CR. MISC. No.3070 of 2019(6) dt.18-06-2019 3/3

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With the aforesaid direction, this application is

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allowed.

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(Vinod Kumar Sinha, J)

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chn/- U T

Lambu Sah v. The State of Bihar.

Case brief

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Lambu Sah v. The State of Bihar.

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