Allowed

Umashankar v. The State of Bihar

Patna HC17 Nov 2021CR. MISC./10418/2020

Case brief

AI extract

What is this about?

The High Court at Patna granted anticipatory bail to the petitioner in a Section 498A IPC and Dowry Prohibition Act case. The court directed the parties to live together and visit the wife's home for two weeks to demonstrate settlement. Provisional bail was ordered upon filing an affidavit of settlement.

What did the court decide?

Provisional bail for three months granted subject to parties visiting wife's home and filing an affidavit of settlement.

Umashankar Vs The State of Bihar — Domestic Violence | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10418 of 2020

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Arising Out of PS. Case No.-112 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna

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

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Umashankar Son of Brijnandan Prasad Gupta Resident of Village-Nisarpura, P.S.-Naubatpur, District-Patna.

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... ... Petitioner

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Versus

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The State of Bihar

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Kanchan Kumari Wife of Umashankar, daughter of Ramji Sah Resident of Village-Sona Gopalpur, P.S.-Gopalpur, District-Patna.

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... ... Opposite Parties

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====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar, Advocate For the State : Mr.Sangeeta Sharma, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR

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ORAL ORDER

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5 17-11-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2.

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The petitioner seeks anticipatory bail in connection with Complaint Case No. 112 (C) of 2019 registered for the offence under section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

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Learned counsel for both the parties submits that the petitioner and the opposite party no.2 are ready to live together as husband and wife.

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In such view of the matter, the petitioner is directed

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Patna High Court CR. MISC. No.10418 of 2020(5) dt.17-11-2021 2/3

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to visit his Sasural and take opposite party no.2 with him within a period of two weeks from today and thereafter both the parties will file an application in the Court below that they have amicably settled their disputes and they are staying together. The petitioner will also provide a separate mobile phone number to opposite party no.2 from which she can talk to her parents as and when she desires.

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On filing of the aforesaid application by both the parties in the Court below, the Court below will release the petitioner on provisional bail for a period of three months on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Patna in Complaint Case No. 112(C) of 2019 subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure.

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After completion of three months, both the parties will again appear before the learned Court below. The Court below will verify the conduct of both the parties and thereafter take a decision either to confirm the provisional bail or to cancel the same in the facts of the case.

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Till filing of the application by both the parties in the

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Patna High Court CR. MISC. No.10418 of 2020(5) dt.17-11-2021 3/3

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Court below, the interim protection granted to the petitioner vide order dated 3.3.2020 shall continue

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(Sandeep Kumar, J)

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Ravi/-

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U T

Umashankar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Umashankar v. The State of Bihar

Case brief

What is this about?

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