Allowed

Mohammad Shakil @ Md. Sakil v. The State of Bihar

Patna HC6 Feb 2023CR. MISC./12361/2022

Case brief

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What is this about?

The Patna High Court granted the petitioner anticipatory bail in a criminal case involving matrimonial and domestic offences. The court imposed a condition for monthly maintenance payment to the complainant and directed that the matter be referred to mediation if reconciliation is possible. The application was disposed of after considering the cited precedent.

What did the court decide?

Petitioner released on bail in event of arrest or surrender within six weeks, subject to conditions of monthly payment to wife, acceptance of security bond, and availability of mediation.

Mohammad Shakil @ Md. Sakil 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.12361 of 2022

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Arising Out of PS. Case No.-67 Year-2021 Thana- SIDHWALIYA District- Gopalganj

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

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MOHAMMAD SHAKIL @ MD. SAKIL Son of Mohammad Sharif Resident of Village- Sadauva, Police Station- Sidhwalia, District- Gopalganj.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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Munni Khatoon W/o Mohammad Shakil @ Md. Sakil Resident of VillageSadauva, P.S.- Sidhwalia, District- Gopalganj.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Bijay Prakash Singh For the Opposite Party/s : Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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6 06-02-2023

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Heard learned counsel for the parties.

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The petitioner apprehends his arrest in a case registered

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for the offences punishable under Sections 341, 323, 498(A), 504, 506 and 34 of the Indian Penal Code.

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

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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 not ousted opposite party no.2 from 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

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Patna High Court CR. MISC. No.12361 of 2022(6) dt.06-02-2023 2/3

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Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of

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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 Sidhwalia P.S. Case No.67 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Petitioner is ready to pay Rs.5000/- (rupees five thousand) per month to opposite party no.2 in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned court below for cancellation of bail bond of the petitioner.

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It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

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Learned counsel for the opposite party no.2 is directed to make available the bank account details of opposite party no.2 in the learned court below.

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Patna High Court CR. MISC. No.12361 of 2022(6) dt.06-02-2023 3/3

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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 Centre 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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S.KUMAR/-

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U T

Mohammad Shakil @ Md. Sakil v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mohammad Shakil @ Md. Sakil v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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