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Prakash Kumar v. the State of Bihar

Patna HC5 Aug 2021CR. MISC./17888/2021

Case brief

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What is this about?

The Patna High Court framed a bail order directing the petitioner to remove filing defects within four weeks and released him on anticipatory bail on personal bond in a dowry case, requiring subsequent furnishing of sureties and ensuring mediation.

What did the court decide?

Release on anticipatory bail on personal bond subject to conditions; removal of defects in four weeks; furnishing sureties in eight weeks.

Prakash Kumar Vs the State of Bihar — Dowry and Cruelty | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17888 of 2021

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Arising Out of PS. Case No.-14 Year-2020 Thana- MAHILA P.S. District- Patna

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

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Prakash Kumar, aged about 18 years, Male, S/O Munna Sahani, R/O Village Raunia, P.S-Naubatpur, District-Patna.

... ... Petitioner

Versus

THE STATE OF BIHAR

... ... Opposite Party

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====================================================== Appearance : For the Petitioner : Mr.Ram Sewak Prasad, Advocate. For the Opposite Party : Mr.A.G. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

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ORAL ORDER

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2 05-08-2021

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Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy.

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State through Virtual mode.

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The petitioner is apprehending his arrest in connection with Mahila P.S. Case No. 14 of 2020 for the offence registered under Sections 498(A) and 420 of the I.P.C.

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The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry.

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It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged

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Patna High Court CR. MISC. No.17888 of 2021(2) dt.05-08-2021 2/3

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against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is the husband of the victim. The marriage is denied by the petitioner. The case is triable by the Magistrate. The petitioner has further 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.

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On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

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Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or 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 the learned J.M. Ist Class, Patna, in connection with Mahila P.S. Case No. 14/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) only with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in

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Patna High Court CR. MISC. No.17888 of 2021(2) dt.05-08-2021 3/3

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connection with the aforesaid case.

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If so advised, either of the parties will be at liberty to 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. In case, any such application is made by either of the parties, the court below shall refer the matter to the District Mediation Centre.

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The informant will be at liberty to make an application before the concerned Family Court for the purpose of maintenance, if so advised.

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(Sudhir Singh, J)

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U.K./- U T

Prakash Kumar v. the State of Bihar

Case brief

What is this about?

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Prakash Kumar v. the State of Bihar

Case brief

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