Allowed

Md. Farman @ Farman v. The State of Bihar

Patna HC19 Jun 2023CR. MISC./33945/2022

Case brief

AI extract

What is this about?

This order grants anticipatory bail to the petitioner in a Section 498A IPC case, conditioning release on surrender within six weeks and furnishing a bond along with sureties, noting the complainant's failure to appear.

What did the court decide?

Petitioner to be released on anticipatory bail on surrender within six weeks with a bond of Rs. 10,000 and two sureties of similar amount.

Md. Farman @ Farman 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.33945 of 2022

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Arising Out of PS. Case No.-2871 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur

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MD. FARMAN @ FARMAN Son of Abdul Kayoom Resident of Mohalla - Purani Chauk Raja Talab in front of Murainavi Maszid, P.S.- Purani Chauk in the District - Raipur (Chhatisgarh).

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... ... Petitioner/s

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Versus

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The State of Bihar

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Savya Parveen @ Chandani Wife of Md. Farman @ Farman Daughter of Abdul Mazid, Resident of Mohalla - Tinkothiya, Near of Aabeda High School, Post Office - Ramna, P.S.- Mithanpura, District - Muzaffarpur.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kumar, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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7 19-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offence punishable under Section 498(A) of the Indian Penal Code.

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The learned counsel for the petitioner submits that by order dated 20.10.2022, notices were issued upon the O.P. No. 2. It is next submitted that notices were filed in time and from perusal of the Office Report it would manifest that the brother of the complainant had received the notice. It is next submitted that an application of jointness has been filed on 28.04.2023 in

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Patna High Court CR. MISC. No.33945 of 2022(7) dt.19-06-2023 2/3

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which it has been specifically stated that brother of the complainant resides with his father where the complainant presently is residing. The learned counsel next submits that the complainant despite being aware that notices have been issued in the present case choses not to appear to contest the case.

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The learned counsel next submits that even when the matter was before the learned District Court, there also the matter was referred for mediation but the complainant chose not to appear. It is next submitted that marriage of the petitioner with the complainant was solemnized in the year 2015 and the allegation of demand of dowry of Rs. 1,00,000/- along with a motorcycle and for non-fulfillment of the same, it is alleged that she was tortured and ousted from her matrimonial home. The learned counsel submits that petitioner has been falsely implicated rather the complainant had deserted him or else she would have appeared in the mediation proceeding or before this Court.

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It is next submitted that since, the complainant despite being aware of the notice which was received by her brother, she choses not to appear before this Court when the petitioner is willing to keep the complainant with dignity and honour provided she comes back, as such, the petitioner deserves

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Patna High Court CR. MISC. No.33945 of 2022(7) dt.19-06-2023 3/3

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anticipatory bail.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Muzaffarpur P.S. Case No. 2871 of 2017 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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(Satyavrat Verma, J)

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GauravSinha/-

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U T

Md. Farman @ Farman v. The State of Bihar

Case brief

What is this about?

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Md. Farman @ Farman v. The State of Bihar

Case brief

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