Allowed

Nageshwar Parit v. The State of Bihar

Patna HC22 Jun 2021CR. MISC./7443/2021

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in a case cognizable under sections of the IPC and Dowry Prohibition Act, allowing release on personal bond subject to conditions, deferring furnishing of money bonds until normalcy is restored.

What did the court decide?

Anticipatory bail granted on personal bond; direction to furnish money bonds within eight weeks after normalcy is restored.

Nageshwar Parit 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.7443 of 2021

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Arising Out of PS. Case No.-91 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran

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NAGESHWAR PARIT Son of Ram Ashish Parit @ Ramasihrish Parit Resident of Village - Baishkhawa, P.S.- Darpa, Distt.- East Champaran.

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... ... Petitioner/s

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Versus

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The State of Bihar

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KUNTI DEVI D/O SHIVPUJAN PARIT Resident of Village - Bharatmahi, P.S.- Raxaul, Distt.- East Champaran.

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... ... Opposite Party/s

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

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Appearance :

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For the Petitioner/s : Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr.A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 22-06-2021 Heard learned counsel for the petitioner and learned

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APP for the State through virtual mode.

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Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy.

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The petitioner is apprehending his arrest in a case registered under Sections 323, 498A/34 of the Indian Penal Code and ¾ of Dowry Prohibition Act.

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Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment 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.7443 of 2021(2) dt.22-06-2021 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. 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 facts and circumstances of the case and also the lockdown, 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 learned Sub Divisional Judicial Judicial Magistrate, Raxaul, Motihari, East Champaran in connection with Trial No.3125 of 2019 arising out of Complaint case No. C-91 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

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Patna High Court CR. MISC. No.7443 of 2021(2) dt.22-06-2021 3/3

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weeks to the satisfaction of the court concerned in 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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(Sudhir Singh, J)

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Narendra/-

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U T

Nageshwar Parit v. The State of Bihar

Case brief

What is this about?

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Nageshwar Parit v. The State of Bihar

Case brief

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