Allowed

Md. Mukhtar Alam @ Md. Mokhhtar Aalam v. The State of Bihar

Patna HC14 Feb 2023CR. MISC./4920/2020

Case brief

AI extract

What is this about?

The High Court of Patna granted anticipatory bail to the petitioner apprehending arrest in a matrimonial case involving dowry allegations. The court ordered bail conditions under CrPC Section 438 and suggested reconciliation via the District Mediation Center.

What did the court decide?

Petitioner granted anticipatory bail upon arrest or surrender within six weeks on furnishing bail bond of Rs. 25,000 with two sureties of like amount, subject to CrPC Section 438(2).

Md. Mukhtar Alam @ Md. Mokhhtar Aalam 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.4920 of 2020

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Arising Out of PS. Case No.-3317 Year-2015 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur

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

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MD. MUKHTAR ALAM @ MD. MOKHHTAR AALAM Son of Md. Wasi Ahmad Ansari Resident of Village- Gopalpur Taraura, P.S.- Mushari, DisttMuzaffarpur.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Rehana Khatoon W/o Md. Mokhtar Alam, D/o Md. Sharif Ansari Resident of Village- Bahadurpur, P.S.- Sakra, Distt- Muzaffarpur.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Amit Anand For the Opposite Party/s : Mr. Sanjay Kumar Pandey Mr. Indrajeet Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 14-02-2023 Heard the parties.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Section 323, 504, 498(A) of the Indian Penal Code and Section ¾ of the D.P Act.

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Petitioner, who is husband of opposite party no2., is said

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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 demand nor drove her out of her matrimonial home nor tormented her over

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Patna High Court CR. MISC. No.4920 of 2020(3) dt.14-02-2023 2/2

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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.3317 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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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 for 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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shikha/- U T

Md. Mukhtar Alam @ Md. Mokhhtar Aalam v. The State of Bihar

Case brief

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Md. Mukhtar Alam @ Md. Mokhhtar Aalam v. The State of Bihar

Case brief

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