Allowed

Shambhu Kumar @ Shambhu Kumar Yadav v. The State of Bihar

Patna HC28 Nov 2023CR. MISC./11857/2023

Case brief

AI extract

What is this about?

The High Court allowed the petitioner's application for anticipatory bail in a case involving Section 498A IPC allegations regarding dowry harassment, relying on the Madhusudan Singh principle while directing that failure to appear for reconciliation be dealt with strictly.

What did the court decide?

Petitioner released on bail upon surrender within six weeks with bond of Rs.25,000 and two sureties of similar amount under Section 438(2) CrPC.

Shambhu Kumar @ Shambhu Kumar Yadav Vs The State of Bihar — Dowry and Cruelty | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11857 of 2023

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Arising Out of PS. Case No.-422 Year-2021 Thana- PHULPARAS District- Madhubani

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

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SHAMBHU KUMAR @ SHAMBHU KUMAR YADAV S/o Ram Kumar Yadav R/o Village- Dhanauja, Tola- Navtol, P.S.- Phulparas, DisttMadhubani.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Geeta Devi W/o Shambhu Kumar @ Shambhu Kumar Yadav R/o VillageDhanauja, Tola- Navtol, P.S.- Phulparas, Distt- Madhubani. Presently - Geeta Devi, D/o Laxmi Ram Yadav, R/o Village- Brahmpur, ToleKisnipatti, P.S.- Phulparas, Distt- Madhubani.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Lakshmindra Kumar Yadav For the Opposite Party/s : Mr. Sanjay Kumar Sharma ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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4 28-11-2023

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Heard learned counsel for the petitioner and learned

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APP for the State but in spite of valid service of notice none is present on behalf of opposite party no.2.

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Vide order dated 18.05.2023, notice was issued to opposite party no.2, which was received by his father.

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Learned counsel for the petitioner has filed a jointness petition in which it is stated that opposite party no.2 is residing in her Naihar with her father, hence the service of notice may be deemed to be valid service.

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In view of the aforesaid, service of notice upon opposite party no.2 is deemed to be valid service.

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Patna High Court CR. MISC. No.11857 of 2023(4) dt.28-11-2023 2/3

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A and 379/34 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 demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. 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

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Patna High Court CR. MISC. No.11857 of 2023(4) dt.28-11-2023 3/3

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Phulparas P.S. Case No.422/2021, 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

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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)

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Trivedi/-

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U T

Shambhu Kumar @ Shambhu Kumar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shambhu Kumar @ Shambhu Kumar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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