Disposed

Mohammad Sajid @ Md. Sazid v. The State of Bihar

Patna HC23 Jul 2024CR. MISC./11001/2024

Case brief

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What is this about?

Husband facing arrest in a complaint case for dowry-related cruelty under IPC 498A and Dowry Prohibition Act sought bail. Mediation failed. Court granted bail conditioned on payment of Rs. 3,000 per month maintenance to the wife, with cancellation possible after two months' default.

What the court decided

AI extract

Mohammad Sajid @ Md. Sazid Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11001 of 2024

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Arising Out of PS. Case No.-228 Year-2023 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj

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

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Mohammad Sajid @ Md. Sazid Son of Saheb Rashul Resident of villageRaghunathpur, P.O. and P.S.- Raghunathpur, District- Siwan

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... ... Petitioner/s

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Versus

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The State of Bihar

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Sabana Khatoon, D/o Md. Hussain, W/o Md. Sajid @ Md. Sazid, A/p residing at village + P.O. Kateya Bazar, P.S. Kateya, District Gopalganj.

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Ms. Sucheta Yadav Mr. Pankaj Kumar Dubey ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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4 23-07-2024

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Pursuant to order dated 08.05.2024, the matter was referred to Mediation & Conciliation Centre of Patna High Court, but the dispute between the parties could not be resolved through the process of mediation and as such, mediation failed (Report dated 20.07.2024 is available at flag ‘M’).

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Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the complainant / opposite party no. 2.

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The petitioner, who is husband of opposite party no. 2, apprehends his arrest in a complaint case punishable for the offence under Section 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

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Patna High Court CR. MISC. No.11001 of 2024(4) dt.23-07-2024 2/3

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Petitioner is alleged to have committed torture and harassment with opposite party no. 2 for dowry.

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Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3,000/- per month, starting from this month, to opposite party no. 2.

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In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3,000/- (Rupees three thousand) per month to the opposite party no. 2, in the event of arrest/surrender within a period of six weeks from today, let the above-named petitioner be enlarged 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 S.D.J.M., Gopalganj in connection with Complaint Case No. 228 of 2023, Trial No. 2233 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:-

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“(1) Opposite party no. 2 would file an affidavit before the court below and bring on record her savings bank account number for its communication to the petitioner.

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(2) Petitioner would deposit the aforesaid maintenance amount per month in the savings

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Patna High Court CR. MISC. No.11001 of 2024(4) dt.23-07-2024 3/3

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bank account of the opposite party no. 2.

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(3) In case, the petitioner fails to deposit the maintenance amount for two consecutive months, the court below would be at liberty to cancel the bail-bond.

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(4) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.”

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(Prabhat Kumar Singh, J)

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anay

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U T

Mohammad Sajid @ Md. Sazid v. The State of Bihar

Case brief

What is this about?

What the court decided

Mohammad Sajid @ Md. Sazid v. The State of Bihar

Case brief

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What the court decided

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