Allowed

Muslim Shah @ Kallu Sah v. The State of Bihar

Patna HC13 Dec 2019CR. MISC./60762/2019

Case brief

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What is this about?

The Hon'ble High Court of Patna allowed the application for anticipatory bail to the petitioner-husband in a complaint case alleging demand and cruelty against his wife, allowing him to be released on bail within six weeks.

What did the court decide?

Application allowed; petitioner to be released on bail on surrender with bond of Rs.25,000/- and two sureties within six weeks.

Muslim Shah @ Kallu Sah 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.60762 of 2019

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Arising Out of PS. Case No.-445 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna

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Muslim Shah @ Kallu Sah, Son of Salim Shah, Resident of Mohalla - Main Road, Daud Nagar, P.S.- Daud Nagar, District- Aurangabad

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... ... Petitioner/s

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Versus

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The State of Bihar

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Tabbasum, D/O - Nejam Sah, W/O - Muslim Shah @ Kallu Sah, Resident of Village and P.O. - Kewra, P.S.- Punpun, District- Patna

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... ... Opposite Party/s

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

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For the Petitioner/s : Mr. Md. Ataul Haque For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap

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

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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5 13-12-2019 This is an application for grant of anticipatory bail in

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connection with Complaint Case No. 445C of 2017, disclosing offences under Sections 323 and 498A of IPC.

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As per complaint case, petitioner happens to be the husband of the complainant. There is allegation of demand of Rs.50,000/- and for that, torturing and assaulting her.

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Submission of the learned counsel for the petitioner is that the allegation is false and concocted. He is ready to keep her with dignity and care and that stand he has also taken before the learned Sessions Judge, but in spite of notice, she did not chose to appear before the Sessions Judge, though the petitioner was present there.

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Patna High Court CR. MISC. No.60762 of 2019(5) dt.13-12-2019 2/2

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Heard learned A.P.P. also.

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Having heard both sides, considering the above

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submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Judicial Magistrate, 1^st Class, Masurhi, in connection with Complaint Case No. 445C of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that if the complainant is ready to reside with him, he has to keep her with dignity and care.

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(Vinod Kumar Sinha, J)

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Sunil Shukla/-

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U T

Muslim Shah @ Kallu Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Muslim Shah @ Kallu Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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