Partly allowed

Md. Shaquib v. The State of Bihar

Patna HC24 Nov 2022CR. MISC./43059/2022

Case brief

AI extract

What is this about?

The Patna High Court granted the petitioner provisional bail for six months regarding offences under Sections 498A, 494, and 504/34 IPC, directing the trial court to attempt conciliation. Bail confirmation is contingent upon an amicable resolution or the complainant's attitude.

What did the court decide?

Petitioner granted provisional bail for six months on furnishing bond of Rs. 10,000 with two sureties; trial court directed to effect conciliation.

Md. Shaquib Vs The State of Bihar — Dowry and Cruelty | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43459 of 2022

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Arising Out of PS. Case No.-133 Year-2021 Thana- TISIAUTA District- Vaishali

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

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RAJESH PATEL Son of Vimal Patel Resident of Village - and P.S.- Tisiautta, Distt.- Vaishali.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ranjit Kumar Thakur For the Opposite Party/s : Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 23-11-2022

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Let the defect(s), as pointed out by the office, be

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removed within a period of four weeks from today.

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner seeks bail in connection with Tisiauta P.S. Case No. 133/2021 registered for the offences punishable under Sections 498(A), 494, 504/34 of the Indian Penal Code.

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The petitioner is husband of Opposite Party No.2 and he is ready to keep Opposite Party No.2 with full honour and dignity.

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Without going into the merits of the matter, let the petitioner above named be released on provisional bail for a period of six months on furnishing bail bonds of Rs. 10,000/-

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Patna High Court CR. MISC. No.43459 of 2022(2) dt.23-11-2022 2/3

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(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Vaishali at Hajipur in connection with Tisiauta P.S. Case No. 133/2021.

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The court below is directed to make suitable effort for the purpose of conciliation between the parties.

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The petitioner and the Opposite Party No.2 would have the opportunity to work out an amicable resolution of the issue.

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If an amicable resolution is worked out within six months, petitioner would be entitled to confirmation of his provisional bail.

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If the petitioner co-operates in the process of mediation or conciliation then the provisional bail of the petitioner shall be confirmed by the concerned court itself.

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If the attitude of complainant/opposite party no.2 is not found positive in that situation the provisional bail of the petitioner shall be confirmed by learned trial court itself.

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If, on the other hand, the issue is not resolved between the parties, the Court below, needless to say, would be well within its jurisdiction to exercise its judicial discretion and pass appropriate orders, which may include cancellation of the

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Patna High Court CR. MISC. No.43459 of 2022(2) dt.23-11-2022 3/3

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petitioner’s provisional bail.

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This application stands disposed of in the aforesaid

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terms.

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(Alok Kumar Pandey, J)

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amitkumar/-

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U T

Md. Shaquib v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Shaquib v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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