Disposed

Aftab Alam v. The State of Bihar

Patna HC5 Dec 2024CR. MISC./45614/2024

Case brief

AI extract

What is this about?

Husband sought anticipatory bail in a dowry-related FIR alleging ouster of his wife from the matrimonial home. The court directed his release on bail upon arrest or surrender, subject to Section 438(2) CrPC conditions, with liberty to seek mediation for reconciliation.

What did the court decide?

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

Aftab Alam 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.45614 of 2024

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Arising Out of PS. Case No.-350 Year-2023 Thana- MAKHDUMPUR District- Jehanabad

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Aftab Alam Son Of Azizul Haque Village- Bandetya, P.S.- Makhdumpur In The District Of Jeghanabad

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... ... Petitioner/S

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Versus

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The State Of Bihar

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Sana Praveen Wife Of Md. Aftab Alam And D/O- Md. Samimuddin At Present Resident Of Village- Makhdumpur Dih, P.S.- Makhdumpur In The District Of Hehanabad

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... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Sunil Kumar, Adv. For the Opposite Party/s : Mr. Rana Randhir Singh, APP.

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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4 05-12-2024 Heard learned counsel for the parties.

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Learned counsel for the petitioner filed a supplementary affidavit on behalf of the petitioner stating therein that in the above mentioned case notice was issued to the O.P. No. 2 by this Hon’ble Court and the same was received by the brother of the O.P. No.2 and O.P. No.2 is residing with her parents and brother in the same house in jointness at villageMakhdumpur Dih, P.S.-Makhdumpur, Dist-Jehanabad.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 341, 323, 324, 379, 506/34 of the Indian Penal Code.

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Petitioner, who is husband of opposite party no2., is

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Patna High Court CR. MISC. No.45614 of 2024(4) dt.05-12-2024 2/3

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said to have ousted the opposite party no.2 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 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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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 Makhdumpur P.S. Case No. 350 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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