Partly allowed

Ashique @ Md. Ashique v. The State of Bihar

Patna HC19 Dec 2023CR. MISC./44834/2023

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What is this about?

This judgment grants anticipatory bail to the petitioner in a dowry harassment case, conditioned upon furnishing a bail bond and agreeing to pay monthly maintenance. The court allows for cancellation of bail upon payment default and directs mediation.

What did the court decide?

In view of the above, 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

Ashique @ Md. Ashique 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.44834 of 2023

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Arising Out of PS. Case No.-1473 Year-2022 Thana- PURNIA COMPLAINT CASE DistrictPurnia

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

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ASHIQUE @ MD. ASHIQUE S/O MD .AYUB R/O Village- Neej Gehua, Phulwari Tol, P.S- Jalalgarh, Distt.- Purnia.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Gul Afsa @ Gulfsan D/O Abu Bakar, W/O Ashique R/O Village- Dumri, P.S- Kasba, Distt.- Purnia.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner : Mr. Dr. Bidhu Ranjan For the State : Mr. Madan Kumar For the O.P. No.2 : Mr. Nadimul Hasan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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4 19-12-2023 Heard learned counsel for the parties.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 323, 498A, 379, 406 & 120B of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act.

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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.

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It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry

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Patna High Court CR. MISC. No.44834 of 2023(4) dt.19-12-2023 2/3

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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. 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 .

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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.1473 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

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Petitioner is ready to pay Rs.3,000.00 (Rupees Three Thousand) per month to opposite party no.2 in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

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It goes without saying that the aforesaid payment

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Patna High Court CR. MISC. No.44834 of 2023(4) dt.19-12-2023 3/3

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shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

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Learned counsel for the opposite party no.2 is directed to make available the bank account details of opposite party no.2 in the learned Court below.

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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.

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Accordingly, this application stands disposed of.

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(Anjani Kumar Sharan, J)

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Trivedi/-

Ashique @ Md. Ashique v. The State of Bihar

Case brief

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Ashique @ Md. Ashique v. The State of Bihar

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