Allowed

Md. Nemat @ Md. Nematullah v. The State of Bihar

Patna HC8 Nov 2023CR. MISC./50944/2023

Case brief

AI extract

What is this about?

In an anticipatory bail application under Section 438 CrPC arising from matrimonial discord and dowry allegations, the Patna High Court allowed bail conditioned upon the petitioner fetching his wife from her parental home and ensuring their joint residence in the matrimonial home.

What did the court decide?

Application for anticipatory bail allowed; petitioner to be released on Rs. 10,000 bond with sureties upon arrest/surrender within four weeks, conditioned to furnish joint affidavit with wife confirmi

Md. Nemat @ Md. Nematullah 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.50944 of 2023

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Arising Out of PS. Case No.-90 Year-2020 Thana- NATHNAGAR District- Bhagalpur

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

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MD. NEMAT @ MD. NEMATULLAH S/O LATE MD. NEZAM @ NEZAM @ NEZAMUDDIN R/O Shiv Kumari Pahar, P.S- Kahalgaon, Distt.Bhagalpur.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Bibi Gulwan @ Gulshan W/o Md. Nemat @ Md. Nematullah, D/O Md. Quaiyum R/O Madni Nagar, Gali No. 3, Champa Nagar, Police StationNathnagar, Distt.- Bhagalpur.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Md. Najmul Hodda For the State : Mr.Jharkhandi Upadhyay For the informant/O.P.No.2 : Mr. Rajendra Prasad Sah ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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3 08-11-2023 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

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This application, for grant of anticipatory bail, arises out of Nathnagar Police Station Case No. 90 of 2020, dated 09.02.2020, disclosing offences punishable under Sections 341/323/498-A/504/506/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

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There is matrimonial discord between the petitioner and the Opposite Party No. 2.

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Learned Counsel for the petitioner submits that the petitioner is ready and willing to keep the Opposite Party

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Patna High Court CR. MISC. No.50944 of 2023(3) dt.08-11-2023 2/3

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No. 2-wife with full honour and dignity.

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On the other hand, learned Counsel for the Opposite Party No. 2 also submits that the Opposite Party No. 2-wife is ready to live with the petitioner if the petitioner fetches her from her parental home.

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On this, learned Counsel for the petitioner submits that he will take his wife to her matrimonial home from the learned District Court on the next date fixed in this case.

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Accordingly, this application is allowed.

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Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Bhagalpur, in connection with Nathnagar Police Station Case No. 90 of 2020, subject to the conditions (I) as laid down under Section 438 (2) of the Code of Criminal Procedure and (ii) the petitioner will furnish a joint affidavit, at the time of furnishing bail bonds, duly signed in by the Opposite Party No. 2, stating therein that the petitioner has taken the Opposite Party No. 2 to her matrimonial home and

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Patna High Court CR. MISC. No.50944 of 2023(3) dt.08-11-2023 3/3

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the Opposite Party No. 2 is living in the matrimonial house with the petitioner happily.

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(Anil Kumar Sinha, J.)

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Prabhakar Anand/-

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U √ T √

Md. Nemat @ Md. Nematullah v. The State of Bihar

Case brief

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Md. Nemat @ Md. Nematullah v. The State of Bihar

Case brief

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