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Ismile Khan @ Ismail Khan v. The State of Bihar

Patna HC29 Nov 2021CR. MISC./46843/2021

Case brief

AI extract

What is this about?

Patna High Court granted anticipatory bail to a petitioner in a matrimonial dispute involving dowry allegations and assault, subject to conditions requiring the petitioner to live with the wife with dignity and honour, and allowing the wife to seek bail cancellation if the undertaking is violated.

What did the court decide?

Anticipatory bail granted for a period of four weeks from the date of arrest or surrender, subject to furnishing bail bonds and an undertaking to treat the wife with dignity and honour.

Ismile Khan @ Ismail Khan 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.46843 of 2021

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Arising Out of PS. Case No.-69 Year-2021 Thana- SABAUR District- Bhagalpur

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

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Ismile Khan @ Ismail Khan, son of Akbar Khan @ Akbruddin Resident of Village- Ratan, P.S.- Gogri, District- Khagaria.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Md. Najmul Hodda For the Opposite Party/s : Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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4 29-11-2021

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Heard learned counsel for the petitioner and

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learned APP for the State.

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Learned counsel for the petitioner is expected

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to honour his undertaking given in the instant case for

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depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

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The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 498(A), 504, 506 of the Indian

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Penal Code and Section 3/4 of the Dowry Prohibition Act.

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Patna High Court CR. MISC. No.46843 of 2021(4) dt.29-11-2021 2/3

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The petitioner is husband of the informant/O.P.

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No. 2.

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In pursuance to the order dated 22.10.2021,

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both the petitioner and the informant are present.

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The petitioner admits that the informant is living with him in her matrimonial house as wife with full dignity and honour.

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The informant accepts the version of the petitioner. She has also stated that she is desirous to live with the petitioner in her matrimonial house.

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In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands)

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with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Sabour P.S. Case No. 69 of 2021, subject to the conditions as laid down under

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Patna High Court CR. MISC. No.46843 of 2021(4) dt.29-11-2021 3/3

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Section 438(2) of the Cr.P.C.

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At the time of executing the bail bonds, both

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the petitioner and the informant shall appear in person. The petitioner will give an undertaking that he will keep the informant with full dignity and honour. If the petitioner fails to obey the undertaking given before the learned Court below, the informant will be at liberty to file appropriate application for cancellation of bail of the petitioner.

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(Sunil Kumar Panwar, J)

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Shageer/-

Ismile Khan @ Ismail Khan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ismile Khan @ Ismail Khan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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