Dismissed

Chand Mohammad @ Chand Mahmad v. State Of Bihar and Anr.

Patna HC3 May 2019CR. MISC./5456/2019

Case brief

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What is this about?

The Patna High Court denied anticipatory bail to a petitioner accused under Section 498A IPC and Dowry Prohibition Act for failing to appear at a mediation centre over consecutive days, directing him to surrender for regular bail instead.

What did the court decide?

The petitioner is directed to surrender and make prayer for regular bail. Anticipatory bail is denied.

Chand Mohammad @ Chand Mahmad Vs State Of Bihar and Anr. — Matrimonial and Divorce | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5456 of 2019

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Arising Out of PS. Case No.-2050 Year-2017 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran

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

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Chand Mohammad @ Chand Mahmad, son of Hafiz Miyan, resident of village- Shivrajpur, P.S. Nautan, District- West Champaran

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... ... Petitioner

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Versus

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State Of Bihar

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Nuraisha Khatoon @ Chand Tara Khatoon, wife of Chand Mohammad resident of village-Shivrajpur, P.S- Nautan, District- West Champaran, At present, Daughter of Islam Miyan, resident of village- Rai Dhurwa, P.S.Manuapur, District- West Champaran.

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... ... Opposite Parties

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====================================================== Appearance : For the Petitioner/s : Mr.Umesh Chandra Verma For the Opposite Party/s : Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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4 03-05-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 2050-C of 2018, corresponding to Trial No. S.C. 1330 of 2018, lodged for the offences punishable under Sections 498A of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

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Allegation against the petitioner is of subjecting his wife, opposite party No.2, to cruelty with respect to demand of Rs.50,000/-.

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It appears that the matter was referred to the Patna High Court Mediation and Conciliation Centre but the petitioner did not appear before the Centre and Mediation report disclosed

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Patna High Court CR. MISC. No.5456 of 2019(4) dt.03-05-2019 2/2

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that the petitioner did not appear for consecutive three days and as such mediation failed.

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Heard learned APP and learned counsel for opposite party No.2, who has opposed the prayer for anticipatory bail stating that even the matter was referred to the Mediation Centre the petitioner did not appear.

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In view of above facts and circumstances and also considering the conduct of the petitioner, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He should surrender and make prayer for regular bail.

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Accordingly, this application is dismissed.

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(Vinod Kumar Sinha, J)

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spal/-

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U T

Chand Mohammad @ Chand Mahmad v. State Of Bihar and Anr.

Case brief

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Chand Mohammad @ Chand Mahmad v. State Of Bihar and Anr.

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