Allowed

MD Awesh Alam@ MD Awesh v. The State of Bihar

Patna HC9 May 2022CR. MISC./55639/2021

Case brief

AI extract

What is this about?

Hon'ble Justice Anjani Kumar Sharan granted anticipatory bail to the petitioner (husband) apprehending arrest in a dowry-related NDPS/IPC case. The order fixed a bail bond of Rs.25,000 with two sureties, relying on Md. Naimul Haque Ansari & Ors., and invited mediation.

What did the court decide?

Petitioner released on bail bond of Rs.25,000 with two sureties of similar amount subject to Section 438(2) Cr.P.C. conditions.

MD Awesh Alam@ MD Awesh 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.55639 of 2021

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Arising Out of PS. Case No.-106 Year-2021 Thana- AMAUR District- Purnia

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====================================================== MD AWESH ALAM@ MD AWESH MD FIRDOSH ALAM DOMARTOLI, DORIYA, AMOUR, PURNIA. ... ... Petitioner/s Versus

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The State of Bihar

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Khushboo Rani D/o Late Mustaque Resident of Village - Domohani, P.S.Routa, Distt.- Purnea.

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... ... Opposite Parties.

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Appearance :

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For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Anuj Kumar Shrivastava

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

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 09-05-2022

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Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 504 & 506 of the Indian Penal Code.

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Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

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It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry

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Patna High Court CR. MISC. No.55639 of 2021(2) dt.09-05-2022 2/2

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demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. He is still ready to keep her with full honour and dignity. 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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In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Amour P.S. Case No.106 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

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If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or for one time settlement.

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Accordingly, this application stands disposed of.

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(Anjani Kumar Sharan, J)

MD Awesh Alam@ MD Awesh v. The State of Bihar

Case brief

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MD Awesh Alam@ MD Awesh v. The State of Bihar

Case brief

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What did the court decide?

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