Allowed

Fida Hussain v. the State of Bihar

Patna HC21 Mar 2023CR. MISC./2026/2023

Case brief

AI extract

What is this about?

This is an oral order granting anticipatory bail to a petitioner facing charges under IPC and the Dowry Prohibition Act. The High Court released the petitioner on bond with sureties and directed monthly maintenance payments to the wife, subject to any pending maintenance proceedings.

What did the court decide?

Petitioner granted bail subject to prosecution satisfaction; directed to pay Rs. 5,000/month to wife as security.

Fida Hussain Vs the State of Bihar — Matrimonial and Divorce | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2026 of 2023

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Arising Out of PS. Case No.-250 Year-2022 Thana- DUMRA District- Sitamarhi

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

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Fida Hussain S/O Manzoor Laheri R/V- Rikhauli Paktola, P.S.- Dumra, District- Sitamarhi

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar For the Opposite Party/s : Mr.Arun Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 21-03-2023 Heard learned counsel for the parties.

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The petitioner apprehends his arrest in a case

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registered for the offences punishable under Sections 498(A), 341, 323, 504, 354(A) and 34 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act.

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Petitioner, who is husband of opposite party no2.,

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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. He is still ready to keep her with full

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Patna High Court CR. MISC. No.2026 of 2023(2) dt.21-03-2023 2/3

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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 . 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 Dumra P.S. Case No. 250 of 2022 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

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Petitioner is ready to pay Rs. 5,000/- (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 cancelling the 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

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Patna High Court CR. MISC. No.2026 of 2023(2) dt.21-03-2023 3/3

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directed to make available the bank account details of opposite party no.2 within a period of two weeks by submitting affidavit of the same before the learned Court Below.

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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 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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anand/- U T

Fida Hussain v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Fida Hussain v. the State of Bihar

Case brief

What is this about?

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