Allowed

Md. Mumtaz Kuraishi @ Laddan v. The State of Bihar

Patna HC25 Sept 2023CR. MISC./15547/2022

Case brief

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What is this about?

The Patna High Court granted bail to a petitioner accused of non-criminal offences under IPC and the Dowry Prohibition Act. The court allowed bail on conditions including the payment of maintenance and cooperation in the trial.

What did the court decide?

Petitioner enlarged on bail on furnishing bond of Rs. 10,000/- with two sureties subject to conditions of maintenance payment and trial cooperation.

Md. Mumtaz Kuraishi @ Laddan Vs The State of Bihar — Maintenance and Alimony | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15547 of 2022

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Arising Out of PS. Case No.-584 Year-2020 Thana- MUNGER COMPLAINT CASE District- Munger

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

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Md. Mumtaz Kuraishi @ Laddan Son Of Md. Shahabuddin Kraishi @ Nanho R/O Village- Maula Nagar, Lalganj, P.O.- Surajgarha, P.S.- Mankpur, Surajgarha, District- Lakhisarai

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... ... Petitioner/s

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Versus

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The State of Bihar

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Shahr Bano @ Khushbu D/O- Mansur Kuraishi @ Md. Mansur Alam, W/OMd. Mumtaz Kuraishi @ Laddan R/O Village- Maula Nagar, Lalganj, P.O.Surajgarha, P.S.- Manikpur, Surajgarha, District- Lakhisari At Present R/O Mohalla- Purabsara Road, Smas Lane, P.S.- Kotwali, District- Munger

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Raj Kumar Choudhary For the Opposite Party/s : Mr.Nagendra Prasad ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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7 25-09-2023 Heard learned counsel for the parties.

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The petitioner, husband of Opposite Party No. 2

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apprehends his arrest in a case registered for the offence under Sections 147, 148, 416, 406, 498(A), 323/34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.

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Earlier, vide order dated 01.12.2022, the matter was sent to Mediation Centre of Patna High Court for settlement of dispute between the parties, which has been received and kept at flag ‘M’. From persual of Mediator’s report dated 25.01.2023, it appears that mediation has failed.

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Learned counsel for the petitioner submits that at

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Patna High Court CR. MISC. No.15547 of 2022(7) dt.25-09-2023 2/3

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this juncture, the petitioner is ready to give maintenance amount of Rs. 2,500/- (two thousand five hundred) per month, starting from this month to Opposite Party No. 2.

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In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 2,500/- (two thousand five hundred) per month, in the event of arrest/surrender within a period of six weeks from today, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Munger in connection with Complaint Case No. 584(C) of 2020, on the following conditions:

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(1.) Opposite Party No. 2 would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.

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(2.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the Opposite Party No. 2. (3.) In case, the petitioner fails to deposit the maintenance amount for two consecutive months, the court below would be at liberty to cancel the bail bond.

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(4.) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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(5.) If the petitioner tampers with the evidence or the witnesses, in that case, the

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Patna High Court CR. MISC. No.15547 of 2022(7) dt.25-09-2023 3/3

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prosecution will be at liberty to move for cancellation of bail.

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(6.) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings.

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The present order, in no way, will preclude the

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parties to resolve the issue otherwise.

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(Prabhat Kumar Singh, J)

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vinita/- U T

Md. Mumtaz Kuraishi @ Laddan v. The State of Bihar

Case brief

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Md. Mumtaz Kuraishi @ Laddan v. The State of Bihar

Case brief

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