Allowed

Habibul v. The State of Bihar and Anr.

Patna HC9 Jul 2019CR. MISC./6836/2019

Case brief

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What is this about?

This oral order allows an application for anticipatory bail. The court notes no appearance by the accused's wife despite notice but grants bail subject to standard conditions under Section 438(2) CrPC, requiring surrender within six weeks to secure release. The underlying dispute involves coercion on a Nikahnama.

What did the court decide?

Petitioner released on bail by furnishing bond of Rs.25,000 with two sureties, subject to surrender within six weeks of arrest or surrender.

Habibul Vs The State of Bihar and Anr. — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6836 of 2019

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Arising Out of PS. Case No.-670 Year-2017 Thana- COMPLAINT CASE DistrictKishanganj

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

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Habibul, son of Kaffiluddin, Resident of Village - Babbangaon P.S.- Pothiya, District- Kishanganj.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Ansari Begum, Wife of Habibul, D/O - Md. Ansar, R/o- Babbangaon P.S.Pothiya, District- Kishanganj.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s : Mr. Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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5 09-07-2019

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This is an application for grant of anticipatory bail in connection with Complaint Case No.C 670 of 2017, disclosing offences under Sections 498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act.

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Prosecution story as per complaint case is that after the marriage, the petitioner who happens to be the husband of the complainant started demand of one motorcycle and Rs.2,00,000/- as well as ornaments, due to non-fulfillment, ousted the complainant from the house.

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Submission of the learned counsel for the petitioner is that complainant is not the wife of the petitioner. He never married with her, rather her family members taken his signatures forcibly on a Nikahnama.

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Patna High Court CR. MISC. No.6836 of 2019(5) dt.09-07-2019 2/2

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Heard learned A.P.P. also.

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In this case notice was issued to the opposite party

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no.2 and it appears that the opposite party no.2 has received the notice, but in spite of that, on the last date, she has not appeared and thereafter, the case has been directed to be listed today. But today also nobody appears on behalf of opposite party no.2.

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In view of the facts and circumstances, as stated above, 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 leaned Chief Judicial Magistrate, Kishanganj, in connection with Complaint Case No.C 670 of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

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(Vinod Kumar Sinha, J)

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Sunil Shukla/-

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U T

Habibul v. The State of Bihar and Anr.

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Habibul v. The State of Bihar and Anr.

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