An anticipatory bail application for Sections 341, 323, 498A, 504, 506 IPC and Dowry Prohibition Act. The court granted bail on personal bond to be replaced by monetary bond after normalcy, and suggested mediation.
Released on anticipatory bail on personal bond; to furnish Rs. 10,000 bond + two sureties after normalcy.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12870 of 2021
Arising Out of PS. Case No.-62 Year-2020 Thana- BAHADURGANJ District- Kishanganj
======================================================
MUNTAZIR ALAM SON OF MAJEBUR RAHMAN Resident of Khas Kumhiya, P.S.- Bahadurganj, Distt.- Kishanganj
... ... Petitioner/s
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dilip Kumar Singh For the Opposite Party/s : Mr. N. N. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.
The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 498(A), 504, 506/34 of the Indian Penal Code and ¾ of Dowry Prohibition Act.
Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation
Patna High Court CR. MISC. No.12870 of 2021(2) dt.12-07-2021 2/3
of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182 .
On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances and also the lockdown, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Bahadurganj P.S. Case No. 62/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
If so advised, either of the parties will be at liberty to
Patna High Court CR. MISC. No.12870 of 2021(2) dt.12-07-2021 3/3
make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of
reconciliation or one time settlement.
(Sudhir Singh, J)
Pankaj/-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in the connected criminal case regarding dowry allegations.
Whether relief can be granted during the lockdown period with conditions for bond restoration after normalcy.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari & Ors. Vs. The State of BiharRelied on¶17
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182
3 provisions across 3 enactments
Muntazir Alam
The State of Bihar
Bebi Begam
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
