Allowed

Kalendra Singh @ Kalendra v. the State of Bihar

Patna HC1 Nov 2023CR. MISC./38255/2023

Case brief

AI extract

What is this about?

The Patna High Court issued an order of anticipatory bail to the petitioner in connection with an FIR alleging dowry harassment and cruelty under Sections 498A IPC and the Domestic Violence Act., allowing release upon surrender within six weeks. The applicant was permitted to remove case defects within three weeks. The court also suggested mediation and allowed the bail application.

What did the court decide?

Petitioner enlarged on anticipatory bail upon arrest or surrender within six weeks, subject to bail bond of Rs. 20,000 and two sureties.

Kalendra Singh @ Kalendra Vs the State of Bihar — Domestic Violence | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38255 of 2023

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Arising Out of PS. Case No.-49 Year-2023 Thana- RAJPUR District- Buxar

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

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KALENDRA SINGH @ KALENDRA S/O RAJENDRA SINGH R/O Vill. Akodhi, PS. Rajpur , Dist. Buxar

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... ... Petitioner/s

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Versus

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The State Of Bihar

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Punam Kumari W/O Kalendra Singh @ Kalendra R/O Vill. Akodhi, Ps. Rajpur, Dist. Buxar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Anand Kumar Ojha, Advocate For the Opposite Party/s : Mrs. Sharda Kumari, A.P.P For the Informant/s : Md. Harum Quareshi, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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4 01-11-2023

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Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

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2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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3. The petitioner is apprehending his arrest in connection with Rajpur P.S Case No. 49 of 2023 dated 05.02.2023 registered for the offences punishable under Sections 498A read with 34 of the Indian Penal Code and Sections 3 and 4 of the D.P. Act.

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4. As per the prosecution case, the petitioner and the co-accused person are alleged to have tortured the informant

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Patna High Court CR. MISC. No.38255 of 2023(4) dt.01-11-2023 2/3

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mentally and physically due to non-fulfillment of demand of a motorcycle as dowry.

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5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. 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." Learned counsel has further submitted that Section 498A of the IPC is triable by the Magistrate. Learned counsel has further relied on the judgments in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Anr passed in Criminal Appeal No(s). 2207 of 2023 arising out of Special Leave Petition (CRL.) No. 3433 of 2023 . The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

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6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

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7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be

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Patna High Court CR. MISC. No.38255 of 2023(4) dt.01-11-2023 3/3

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enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Buxar in connection with Rajpur P.S Case No. 49 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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8. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconcilation or one time settlement.

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9. The application stands allowed.

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(Chandra Prakash Singh, J)

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atul/-

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U T

Kalendra Singh @ Kalendra v. the State of Bihar

Case brief

What is this about?

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Kalendra Singh @ Kalendra v. the State of Bihar

Case brief

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