Allowed

Md. Munna @ Munna v. the State of Bihar

Patna HC2 Apr 2024CR. MISC./19011/2024

Case brief

AI extract

What is this about?

Anticipatory bail application by a husband apprehending arrest in a dowry-cruelty FIR under Sections 498A and 34 IPC. Counsel asserted innocence, no dowry demand, no criminal antecedents. Court granted bail on arrest or surrender within six weeks with conditions, and left parties free to seek mediation.

What did the court decide?

Petitioner to be released on bail on arrest/surrender within six weeks on furnishing Rs.25,000 bail bond with two like sureties, subject to Section 438(2) CrPC conditions.

Md. Munna @ Munna 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.19011 of 2024

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Arising Out of PS. Case No.-308 Year-2020 Thana- BIRAUL District- Darbhanga

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

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MD. MUNNA @ MUNNA S/O- MD. ALLAUDDIN @ ALLAUDDIN @ MD. ALLAUDDIN KUJARA @ BAUA R/O- VILLAGE- UCHHATI, P.S.BIRAUL, DIST.- DARBHANGA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Girish Chandra Jha, Adv. For the Opposite Party/s : Mr.Prem Kumar Jha, APP. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 02-04-2024 Heard learned counsels for the parties.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A), 34 of the Indian Penal Code.

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Petitioner, who is husband of informant, is said to have tortured upon her physically and mentally and ousted her from her matrimonial house 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 he has committed no offence. Petitioner has neither made any dowry demand nor ousted the informant from the matrimonial house nor

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Patna High Court CR. MISC. No.19011 of 2024(2) dt.02-04-2024 2/3

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tormented her over the demand of dowry. All the allegations levelled against the petitioners are false and based on concocted facts. The real fact is that the informant has herself left the matrimonial house and went to her parental house. He is still ready to keep her wife 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 . Petitioner has no criminal antecedent, as mentioned in para 3 of the bail application.

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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 Biraul Case No. 308 of 2020, 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 Court below for referring the matter to the District Mediation Centre for the purpose of

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Patna High Court CR. MISC. No.19011 of 2024(2) dt.02-04-2024 3/3

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reconciliation or one time settlement.

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Accordingly, this application stands allowed.

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(Anjani Kumar Sharan, J)

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divyanshi/-

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U T

Md. Munna @ Munna v. the State of Bihar

Case brief

What is this about?

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Md. Munna @ Munna v. the State of Bihar

Case brief

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