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Md. Ahsan v. The State of Bihar

Patna HC7 Aug 2023CR. MISC./8282/2023

Case brief

AI extract

What is this about?

In a criminal miscellaneous matter arising out of offences under Sections 498A IPC and Section 4 of the Dowry Prohibition Act, the Patna High Court granted the petitioner anticipatory bail upon the furnishing of a bail bond with conditions regarding monthly maintenance payments, totaling Rs. 25,000 in sum. The Court also directed parties to consider mediation.

What did the court decide?

The petitioner was released on anticipatory bail upon furnishing a bond of Rs. 25,000 with two sureties, committed to pay Rs. 5,000 monthly maintenance, subject to cancellation upon default and a dire

Md. Ahsan Vs The State of Bihar — Matrimonial and Divorce | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8282 of 2023

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Arising Out of PS. Case No.-248 Year-2021 Thana- KATIHAR COMPLAINT CASE District- Katihar

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

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Md. Ahsan Son Of Md. Anwar Ali R/V- Dhum Nagar, P.S- Azamgarh, DistKatihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mirityunjay Kumar For the Opposite Party/s : Mr.Shaheen Begum For the Complainant Mr. Najeeb Ahmad Mr. Thakur Brajesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 07-08-2023 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 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

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Petitioner, who is husband of complainant, is said to have ousted the complainant 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 the demand of dowry. The petitioner has

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Patna High Court CR. MISC. No.8282 of 2023(3) dt.07-08-2023 2/3

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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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However, the petitioner is ready to give Rs.5,000.00 (Rupees Five Thousand) per month as maintenance to complainant in first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding. If the petitioner fails to give the aforesaid amount on two consecutive dates to complainant, his bail bond shall automatically be cancelled.

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Learned counsel for the complainant, under instruction, submits that complainant undertakes to provide her bank account details to the petitioner within a period of two weeks by submitting the same on affidavit before the learned court below.

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In that view of the matter, let the above named petitioner, be released on anticipatory 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

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Patna High Court CR. MISC. No.8282 of 2023(3) dt.07-08-2023 3/3

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below where the case is pending/successor Court in connection with Complaint Case No. 248 of 2021, 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 one time settlement.

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(Anjani Kumar Sharan, J)

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devendra/-

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U T

Md. Ahsan v. The State of Bihar

Case brief

What is this about?

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Md. Ahsan v. The State of Bihar

Case brief

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