Allowed

Md. Rauf @ Rauf v. the State of Bihar

Patna HC17 Jan 2023CR. MISC./21769/2021

Case brief

AI extract

What is this about?

Patna High Court granted anticipatory bail to a petitioner facing charges under Sections 498 A, 341, 504 and 506 IPC for dowry harassment. The court applied conditions including a bail bond and surrender within four weeks.

What did the court decide?

Anticipatory bail in connection with Mahila P.S. Case No. 15 of 2020 upon furnishing bail bond of Rs. 10,000/ and two sureties with surrender within four weeks.

Md. Rauf @ Rauf Vs the State of Bihar — Dowry and Cruelty | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21769 of 2021

¶2

Arising Out of PS. Case No.-15 Year-2020 Thana- MAHILA P.S. District- Nalanda

¶3

====================================================== MD. RAUF @ RAUF S/o Md. Moin Uddin R/o Village - Godaha, P.S. - Ariyari, District - Shekhpura.

¶4

... ... Petitioner/s

¶5

Versus

¶6

THE STATE OF BIHAR

¶7

Rukhsar Ara W/O Md. Rauf, D/O Md. Jamal R/o Village - Kona Sarai, P.S. - Laheri, District - Nalanda.

¶8

... ... Opposite Party/s

¶9

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

¶10

Appearance :

¶11

For the Petitioner/s : Mr.Raj Kishor Prasad For the Opposite Party/s : Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

¶12

ORAL ORDER

¶13

4 17-01-2023 Heard the learned counsel for the petitioner as well as learned APP for the State.

¶14

The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 15 of 2020, registered for the offences punishable under Sections 498 A, 341, 504, 506, 34 of the Indian Penal Code and Section ¾ of D.P. Act.

¶15

As per allegation, the marriage of the informant was solemnized with the petitioner in the year 2017. The accused persons started demanding of dowry. Due to non-fulfilment of dowry demand, they assaulted her and ousted her from her matrimonial house.

¶16

The learned counsel for the petitioner has submitted that the petitioner is ready to keep the informant with full

¶17

Patna High Court CR. MISC. No.21769 of 2021(4) dt.17-01-2023 2/2

¶18

dignity and hounour, but she is not willing to reside with him in her matrimonial house. The petitioner has filed a case for restitution of conjugal rights in the court of Principal Judge Family Court, Nalanda.

¶19

To explore the possibility of amicable resolution of the matter, the notice was sent to O.P. no. 2. The service report shows that her father was present when the process server went to serve the notice. Her father talked to the informant and thereafter refused to receive the notice.

¶20

The petitioner has filed a case for restitution for conjugal rights, but the informant did not turn up on notice.

¶21

Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Nalanda in connection with Mahila P.S. Case No. 15 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

¶22

(Nawneet Kumar Pandey, J)

¶23

kundan/-Nirmal U T

Md. Rauf @ Rauf v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Rauf @ Rauf v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Deepak Chaudhary @Deepak Choudhary @Deepak Kumar Vs The State of Bihar

Raju Mandal Vs The State of Bihar

Md. Mayeedur Rahman @ Mayeedur Rahman Vs The State of Bihar

Kamlesh Kumar Thakur Vs The State of Bihar

Abhimanyu Kumar Vs The State of Bihar

Kumar Harsh Deep Vs The State of Bihar