Allowed

Md. Shahnawaz Alam v. The State of Bihar

Patna HC27 Feb 2020CR. MISC./1758/2020

Case brief

AI extract

What is this about?

The High Court in Cr. Misc. No. 1758 of 2020 granted provisional anticipatory bail to a husband apprehending arrest in a dowry harassment case. The bail is conditional upon future reconciliation and will be confirmed based on specific eventualities such as restored harmony.

What did the court decide?

Released on provisional anticipatory bail for six months subject to furnishing bonds of Rs. 10,000/- with two sureties and attending court for reconciliation.

Md. Shahnawaz Alam Vs The State of Bihar — Dowry and Cruelty | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1758 of 2020

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Arising Out of PS. Case No.-82 Year-2019 Thana- MAHILA P.S. District- Araria

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

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Md. Shahnawaz Alam Son of Late Md. Manzoor Alam Resident of Village - Doriya Sonapur, Ward No 04, P.S.- Simraha, Distt.- Araria.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Takalum Jahan Son of Late Md. Manzoor Alam Resident of Village - Doriya Sonapur, Ward No.4, P.S.- Simraha, Distt.- Araria.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kumar Rana For the Opposite Party/s : Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

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2 27-02-2020 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

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The petitioner, being the husband of the informant, is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 341, 323, 504, 506/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

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The prosecution case is that the informant, Takalum Jahan was married with the petitioner, Md. Shahnawaz Alam in 2011 and for one year after the marriage, the relationship was cordial but thereafter, further dowry demand of Rs.Three lakhs was made and for non-fulfillment of the same, torture was inflicted upon the informant. On 10.06.2019 the informant was

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Patna High Court CR. MISC. No.1758 of 2020(2) dt.27-02-2020 2/3

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driven out from the matrimonial house.

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It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant and is ready to keep the informant as wife with full dignity and honour, though, statement to that effect has not been made in the petition.

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Learned counsel for the informant submits that the informant is ready to accept the offer of the petitioner.

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Both sides agree to appear before the learned Court below on 5^th of March, 2020 when the petitioner will take the informant to her matrimonial house to keep her as wife with full dignity and honour.

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Considering the present stand of the parties, let the above named petitioner be released on provisional anticipatory bail for six months in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Araria in connection with Araria Mahila P.S. Case No. 82 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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The provisional bail of the petitioner will be

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Patna High Court CR. MISC. No.1758 of 2020(2) dt.27-02-2020 3/3

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confirmed by the learned Court below in three eventualities (i) if the matrimonial harmony is substantially restored, or (ii) if the informant fails to appear before the learned Court below, or (iii) if the informant gets reluctant to reconcile the issue.

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(Dinesh Kumar Singh, J)

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DKS/-

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U T

Md. Shahnawaz Alam v. The State of Bihar

Case brief

What is this about?

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Md. Shahnawaz Alam v. The State of Bihar

Case brief

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