Allowed

Shahbaaz Sikandar @ Md. Sikandar Mallick @ Laddu v. the State of Bihar

Patna HC13 Dec 2019CR. MISC./82908/2019

Case brief

AI extract

What is this about?

Single judge order granting bail to petitioner facing charges under 498A IPC and Dowry Prohibition Act. Bail granted subject to undertaking not to treat wife cruelly, with power to cancel bail if torture occurs.

What did the court decide?

Petitioner granted bail of Rs. 25,000 with two sureties, conditional on treating wife with honour and dignity. Informant can approach court for bail cancellation if torture/cruelty occurs.

Shahbaaz Sikandar @ Md. Sikandar Mallick @ Laddu Vs the… — Dowry and Cruelty | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.82908 of 2019

¶2

Arising Out of PS. Case No.-221 Year-2019 Thana- PIRBAHOR District- Patna

¶3

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

¶4

Shahbaaz Sikandar @ Md. Sikandar Mallick @ Laddu Son of Late Md. Geyasuddin @ Sultan Ahmad Resident of Village - Belauva, P.O. Nahub, P.S.Rajgir, District - Nalanda.

¶5

... ... Petitioner

¶6

Versus

¶7

The State of Bihar

¶8

Arshia Khanam Wife of Shahbaaz Sikandar @ Md. Sikandar Mallick @ Laddu daughter of Mr. Afzal Ahmad, Resident of Mallick Manzil, Ramna Road, P.S. Peerbahore, District - Patna-800004

¶9

... ... Opposite Parties

¶10

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

¶11

Appearance :

¶12

For the Petitioner : Mr.Arshad Jameel Hashmi, Advocate For the State : Mr.Ajay Kumar Jha, APP

¶13

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

¶14

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

¶15

2 13-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

¶16

The petitioner is apprehending arrest in connection with Peerbahore P.S. Case No 221 of 2019 for offences under Sections 498A/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

¶17

The petitioner is the husband of the informant and the marriage took place on 23.07.2015 according to Muslim rites and customs. It is alleged that for demand of dowry, the informant was ill-treated and subjected to cruelty. Further allegation is that the petitioner has solemnized second marriage.

¶18

Learned counsel for the petitioner submits that the petitioner has not solemnized marriage and he is ready to keep

¶19

Patna High Court CR. MISC. No.82908 of 2019(2) dt.13-12-2019 2/2

¶20

his wife with full honour and dignity provided she is not treated with cruelty.

¶21

In order to restore conjugal right between the parties, this Court is inclined to grant indulgence on the condition that the petitioner shall keep his wife with full honour and dignity.

¶22

Considering the aforesaid aspect of the matter, this Court is inclined to grant bail to the petitioner. Let the petitioner, above-named, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna in connection with Peerbahore P.S. Case No. 221 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

¶23

However, it is made clear that in the event any type of torture and cruelty is meted out to the informant, liberty shall be available to the informant to approach the concerned court below for cancellation of bail bond of the petitioner and the court below shall cancel his bond.

¶24

(Anil Kumar Upadhyay, J)

¶25

BT/- U T

Shahbaaz Sikandar @ Md. Sikandar Mallick @ Laddu v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Shahbaaz Sikandar @ Md. Sikandar Mallick @ Laddu v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Randhir Singh Vs The State of Bihar

Sugga Giri Vs The State of Bihar

Sumit Ranjan Srivastava @ Birendra Sumit Ranjan Srivastava @ Birendra Sumit Srivastava Vs The State of Bihar

Indrajeet Rai Vs The State of Bihar

Dularchand Yadav Vs The State of Bihar

Bheem Kumar Vs the State of Bihar