Allowed¶18

Md. Amjad Ansari @ Md. Amjad Ali v. The State of Bihar

Patna HC18 Jul 2024CR. MISC./10964/2024

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No. 10964 of 2024, decided 18-07-2024 by Satyavrat Verma, J. Anticipatory bail in matrimonial/dowry complaint case (PS Case No. 1737 of 2022, Muzaffarpur) involving IPC Sections 313, 379, 354, 420, 498A, 34 and Dowry Prohibition Act Sections 3 and 4. Bail conditioned on monthly maintenance of Rs. 3,000 to wife; cancellation clause on default of two consecutive months; maintenance ends when maintenance case decided; Section 438(2) CrPC conditions applied.

What did the court decide?

Anticipatory bail: release upon arrest or surrender before the learned trial court within six weeks on furnishing bail bonds of Rs. 10,000 with two sureties of the like amount, subject to Section 438(2) CrPC conditions, coupled with agreed monthly maintenance of Rs. 3,000 to O.P. No. 2 commencing 01.08.2024. ¶18

Md. Amjad Ansari @ Md. Amjad Ali Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Complaint Case No. 1737 of 2022 for offences punishable under Sections 313, 379, 354, 420, 498A and 34 IPC read with Sections 3 and 4 of the Dowry Prohibition Act, is entitled to anticipatory bail.

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Ratio / Principle

Anticipatory bail granted: in the event of arrest or surrender before the learned trial court within six weeks, petitioner to be released on bail bonds of Rs. 10,000 with two sureties of the like amount, subject to the conditions under Section 438(2) CrPC.

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Key takeaways

Opposite Party No. 2 given liberty to file an application before this Court seeking cancellation of the anticipatory bail if the petitioner does not deposit the agreed monthly maintenance for two consecutive months.ratio¶21
The present (ad hoc) maintenance will cease the moment a Court of competent jurisdiction decides the maintenance case filed by Opposite Party No. 2.ratio¶22

Detailed headnote1 paragraphs

Anticipatory bail granted to the petitioner-husband, arraigned in Complaint Case No. 1737 of 2022 (Muzaffarpur) for offences punishable under Sections 313, 379, 354, 420, 498A and 34 IPC read with Sections 3 and 4 of the Dowry Prohibition Act. Release ordered on arrest or surrender within six weeks on bail bonds of Rs. 10,000 with two sureties of the like amount, subject to Section 438(2) CrPC conditions. Grant premised on the petitioner's undertaking to pay monthly maintenance of Rs. 3,000 to the complainant-wife (O.P. No. 2) from 01.08.2024; the wife given liberty to seek cancellation of bail if payment defaults for two consecutive months; ad hoc maintenance to stop once a competent court decides the maintenance case filed by her.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10964 of 2024

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Arising Out of PS. Case No.-1737 Year-2022 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur

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

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Md. Amjad Ansari @ Md. Amjad Ali Son of Md. Manjur Ansari @ Md. Manjur Alam Ansari Resident of Village - Baburvan, P.S.- Baruraj, District - Muzaffarpur.

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Versus

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The State of Bihar

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Noor Jahan Khatoon W/o Md. Amjad Ansari and D/o Md. Sakeel Ansari At present resident of Village - Ganga Sirsiya, P.S. - Chakiya, District - East Champaran.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar S.K. For the Opposite Party/s : Mr. Sanjay Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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3 18-07-2024

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Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel appearing on behalf of the O.P. No. 2.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 313, 379, 354, 420, 498A and 34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act.

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Learned counsel for the petitioner submits that petitioner, being husband, has been falsely implicated in the instant case by the complainant. It is next submitted that presently the relationship in between the petitioner and the O.P.

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Patna High Court CR. MISC. No.10964 of 2024(3) dt.18-07-2024 2/3

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No. 2 has soured to an extent where it is not possible to revive the conjugal relationship, but then submits that may be with passage of time and on intervention of well wishers, the parties may resolve their dispute. It is also submitted that petitioner is aware of his responsibility and thus is willing to pay a monthly maintenance of Rs. 3,000/- to the O.P. No. 2.

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The learned counsel appearing on behalf of the O.P. No. 2 submits that since petitioner is willing to pay a monthly maintenance of Rs. 3,000/-, as such, no useful purpose would be served by sending the petitioner to jail. It is next submitted that he will Whatsapp the bank account number of the O.P. No. 2 on the Whatsapp number of the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the petitioner undertakes to forward the same to the petitioner so that the monthly maintenance, as agreed, commences from 01.08.2024.

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Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount

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Patna High Court CR. MISC. No.10964 of 2024(3) dt.18-07-2024 3/3

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each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 1737 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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However, it is made clear that the O.P. No. 2 shall be at liberty to file an application before this Court seeking cancellation of the anticipatory bail granted to the petitioner in the event if the petitioner does not deposit the amount of monthly maintenance, as agreed, for two consecutive months.

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It is further made clear that present maintenance will stop, the moment a Court of competent jurisdiction decides the maintenance case filed by the O.P. No. 2.

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(Satyavrat Verma, J)

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Rishabh/-

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U T

Md. Amjad Ansari @ Md. Amjad Ali v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Amjad Ansari @ Md. Amjad Ali v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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