COURT OF JUDICATURE AT PATNA CRIMINAL…
Petitioner granted release on bail under Section 438(2) Cr.P.C. on Rs. 25,000 with two sureties within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2757 of 2023
Arising Out of PS. Case No.-218 Year-2021 Thana- PURNIA COMPLAINT CASE DistrictPurnia
====================================================== MD. MUNIR AHMAD @ MUNIR AHMAD Son of Late Tafejul Nawaz R/o village - Pokhariya, P.S.- Baisi, District - Purnea
... ... Petitioner/s
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bidhu Ranjan For the Opposite Party/s : Mr. Madhura Nand Jha
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
3 10-07-2023 Heard learned counsel for the parties.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A of the Indian Penal Code.
Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.
Learned counsel for the petitioner submits that the petitioner is an innocent person and has committed no offence. He submits that the complainant approached the police and after preliminary inquiry the police has not instituted the case and thereafter, the complainant filed the present case. The complainant has already filed a martimonial case vide
Patna High Court CR. MISC. No.2757 of 2023(3) dt.10-07-2023 2/2
Matrimonial Case No. 09 of 2021, which shows that the she is not ready to live with the petitioner. 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 honour and dignity.
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 Complaint Case No. 218 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C..
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.
Accordingly, this application stands disposed of.
(Anjani Kumar Sharan, J)
anand/- U T
2 issues framed by the court
Whether the petitioner is eligible for an anticipatory bail order in a divorce case involving dowry allegations.
Whether bail bonds and conditions can be imposed in accordance with Section 438(2) Cr.P.C..
1 provisions across 1 enactments
Md. Munir Ahmad
The State of Bihar
Khushboo Begum
Anjani Kumar Sharan
As recorded by the court registry
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