Allowed

Md. Hasib @ Md.Habib @ Hasib Alam v. The State of Bihar

Patna HC12 Jul 2021CR. MISC./22645/2021

Case brief

AI extract

What is this about?

Single judge granted anticipatory bail to the petitioner in a dowry torture case under Sections 498A and 504 IPC. The petitioner was allowed to move on personal bond for 12 weeks, with a directive to post monetary bonds within eight weeks after normalcy is restored. Reconciliation was suggested.

What did the court decide?

Release on anticipatory bail on personal bond for twelve weeks from today, subject to furnishing surety bonds of Rs. 10,000/- each within eight weeks of restoration of normalcy.

Md. Hasib @ Md.Habib @ Hasib Alam 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.22645 of 2021

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Arising Out of PS. Case No.-1365 Year-2019 Thana- KATIHAR COMPLAINT CASE District- Katihar

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

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Md. Hasib @ Md.Habib @ Hasib Alam Son Of Md. Asgar R/O Laxmipur Lohjar, P.S.- Falka, District- Katihar.

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... ... Petitioner

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Versus

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The State of Bihar

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Azmeri Khatoon Wife Of Md. Hasib, D/O Ali Hasan R/O - Laliya, P.S.Korha, District- Katihar.

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... ... Opposite Parties

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

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Appearance :

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For the Petitioner/s : Mr.Sanjeev Kumar Singh For the Opposite Party/s : Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 12-07-2021 Heard learned counsel for the petitioner and learned

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APP for the State through virtual mode.

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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 after restoration of normalcy.

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The petitioner is apprehending his arrest in a case registered under Sections 498A and 504 of the Indian Penal Code.

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Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry.

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It has been submitted on behalf of the petitioner that

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Patna High Court CR. MISC. No.22645 of 2021(2) dt.12-07-2021 2/3

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the petitioner has got no criminal antecedent. There is no allegation 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 .

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On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

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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 A.C.J.M. -V, Katihar in connection with Complaint Case No. 1365 of 2019, 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) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection

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Patna High Court CR. MISC. No.22645 of 2021(2) dt.12-07-2021 3/3

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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.

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(Sudhir Singh, J)

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Pankaj/-

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U T

Md. Hasib @ Md.Habib @ Hasib Alam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Hasib @ Md.Habib @ Hasib Alam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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