Disposed

Mithilesh Ray v. The State of Bihar

Patna HC18 Jan 2023CR. MISC./13930/2022

Case brief

AI extract

What is this about?

Petitioner sought bail apprehending arrest in a dowry cruelty complaint case filed by his wife. The complainant did not appear despite notice. Granting anticipatory bail subject to section 438(2) conditions.

What did the court decide?

Anticipatory bail on furnishing Rs.10,000 bail bond with two sureties of like amount, subject to s.438(2) CrPC conditions, if arrested/surrendered within four weeks.

Mithilesh Ray 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.13930 of 2022

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Arising Out of PS. Case No.-589 Year-2019 Thana- MADHUBANI COMPLAINT CASE District- Madhubani

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====================================================== MITHILESH RAY Son of Dev Sundar Rai Resident of Village - karmauli, P.S.- Khajauli, Dist. - Madhubani. ... ... Petitioner/s

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Versus

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The State of Bihar

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kavita Devi Wife of Mithilesh Rai, D/o Late Ram Sevak Rai Resident of Village - Murhaddi Wari Tola, P.S.- Babubarhi, Dist. - Madhubani.

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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.Shailendra Kumar Jha For the Opposite Party/s : Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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5 18-01-2023

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The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

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Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

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The petitioner apprehends his arrest in connection with C.R. Case No. 589 of 2019 registered for the offences under sections 341, 342, 323, 504, 506, 498(A)/34 of the Indian Penal Code

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As per allegation, the complainant is wife of the petitioner. Her marriage was solemnized with the petitioner 8-9 years before filing of the complaint petition. The accused persons, as per allegation, subjected her to cruelty for non-fulfillment of dowry demand and lastly they ousted her from her matrimonial house.

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Patna High Court CR. MISC. No.13930 of 2022(5) dt.18-01-2023 2/2

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The learned counsel for the petitioner has submitted that the petitioner is innocent and wanted to keep the victim with full dignity and honour, but she is not ready to reside with him. Now she has solemnized her marriage and is residing in Nepal with her second husband and she has also a child from her second husband.

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The notice was sent to the complainant. Her brother received it, but none appeared on her behalf and the notice sent through registered post was refused to be received by her.

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Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M, Madhubani in connection with C.R. Case No. 589 of 2019, subject to condition as laid down under section 438(2) Cr. P.C.

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Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

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(Nawneet Kumar Pandey, J)

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Mahesh/- U T

Mithilesh Ray v. The State of Bihar

Case brief

What is this about?

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Mithilesh Ray v. The State of Bihar

Case brief

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