An oral order granting anticipatory bail to the petitioner in a dispute involving Section 498A IPC and Dowry Prohibition Act. The court ordered surrender within two weeks and provisionally enlarged bail for four months pending mediation and complainant's appearance.
Enlarged on provisional bail for four months; directed to surrender within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60086 of 2019
Arising Out of PS. Case No.-923 Year-2018 Thana- MADHUBANI COMPLAINT CASE District- Madhubani
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Md. Mustafa, Son of Md. Ranjan Resident of Village- Mithila Dip, P.S.Lakhnour, District- Madhubani.
... ... Petitioner/s
Versus
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ratanakar Jha For the Opposite Party/s : Mr.Anant Kumar 1 ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 15-10-2019 This is an application for grant of anticipatory bail in
connection with C.R. No. 923 of 2018, corresponding to Trial No. 3092 of 2018, disclosing offences under Section 498A of the Indian Penal Code and Section ¾ of Dowry Prohibition Act.
Petitioner happens to be the husband of the complainant and there is allegation of demand of Rs.50,000/and for that torturing her and ousting her from the house.
Submission of the learned counsel for the petitioner is that he is still ready to keep with with dignity and care. The allegations are false and concocted.
Heard learned A.P.P. also, who has opposed the prayer for bail and from the perusal of the impugned order, it appears
Patna High Court CR. MISC. No.60086 of 2019(3) dt.15-10-2019 2/3
that before the learned court below the victim girl was ready to reside with the petitioner, but the petitioner was not ready to keep her.
Having heard both sides, in view of the facts and circumstances, as stated above, as the matter relates to marital dispute between the parties, this application is disposed of with a direction to the petitioner to surrender before the learned court below within a period of two weeks from the date of receipt of certified copy of this order, be enlarged on provisional bail for a period of four months to the satisfaction of the learned court below. During that period, the court below shall issue notice to the complainant, once complainant appeared, shall sent the matter to the District Mediation Center in order to try for an amicable settlement between the parties. Once the mediator report has been received and considering the same and the conduct of the parties, he will either confirm the bail bonds of the petitioner or pass any other order or orders, which may be deemed fit or proper, including cancelling the bail bonds of the petitioner.
It is also made clear that if the complainant did not appear or ready to reside with the petitioner, the learned court below shall release the petitioner on bail.
Patna High Court CR. MISC. No.60086 of 2019(3) dt.15-10-2019 3/3
With the aforesaid, this application is disposed of.
(Vinod Kumar Sinha, J)
Sunil Shukla/-
U T
2 issues framed by the court
Whether the petitioner should be granted anticipatory bail and on what conditions.
Whether the petitioner must surrender and appear before the lower court for further orders.
2 provisions across 2 enactments
Md. Mustafa
The State of Bihar
Rakhishana Khatoon
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
