Allowed

Md. Imarn v. the State of Bihar

Patna HC6 Nov 2023CR. MISC./39318/2023

Case brief

AI extract

What is this about?

Patna High Court granted anticipatory bail to the petitioner in PS Case No. 63 of 2023 involving alleged dowry harassment. The court directed surrender within six weeks and allowed referral to District Mediation Centre for reconciliation.

What did the court decide?

Anticipatory bail granted on surrender within six weeks, bond of Rs. 20,000 with two sureties. Referral to District Mediation Centre allowed.

Md. Imarn 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.39318 of 2023

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Arising Out of PS. Case No.-63 Year-2023 Thana- CHHAURADANO District- East Champaran

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

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Md. Imarn S/O Shekh Mustak R/O Mohalla- Khairwa, PS. Chhauradano, Dist. East Champaran

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... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Humayou Ahmad Khan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER

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4 06-11-2023

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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 Chhauradano P.S Case No. 63 of 2023 dated 12.03.2023 registered for the offence punishable u/ss 341, 342, 323, 354B, 379, 504, 506 read with 34 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act.

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As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant mentally and physically due to non-fulfillment of demand of Rs.

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Patna High Court CR. MISC. No.39318 of 2023(4) dt.06-11-2023 2/3

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3,00,000/- 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. It is next submitted that the petitioner neither assaulted nor demand any dowry from the informant. 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 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, who is the husband of the informant.

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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.39318 of 2023(4) dt.06-11-2023 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, Raxaul at Motihari in connection with Chhauradano P.S. Case No. 63 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 reconciliation 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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Nilmani/-

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U T

Md. Imarn v. the State of Bihar

Case brief

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Md. Imarn v. the State of Bihar

Case brief

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