Anticipatory bail by husband facing dowry-cruelty complaint alleging assault and ouster from matrimonial home. Court granted pre-arrest bail with conditions including monthly payment to complainant and liberty for mediation.
Anticipatory bail granted on furnishing Rs.25,000 bond with two sureties; conditional monthly payment of Rs.5,000 to complainant.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46804 of 2023
Arising Out of PS. Case No.-202 Year-2019 Thana- SARAN COMPLAINT CASE DistrictSaran
======================================================
SHAUKAT ALI S/O MOHHAMMAD SHAHIEED R/O VILLAGE- PAKRI, PS. MASHRAK, DIST. SARAN AT CHAPRA
... ... Petitioner/s
Versus
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Radha Mohan Singh For the Opposite Party/s: Mr. Shyam Bihari Singh For the O.P. No.2 : Mr. Ankur Prakash Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
counsel for the O.P. No.2 and learned APP for the State.
Patna High Court CR. MISC. No.46804 of 2023(3) dt.30-01-2024 2/3
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 .
Patna High Court CR. MISC. No.46804 of 2023(3) dt.30-01-2024 3/3
(Anjani Kumar Sharan, J)
shikha/-
U T
1 issue framed by the court
Whether a husband apprehending arrest in a dowry-related complaint case should be granted anticipatory bail under Section 438 CrPC.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharRelied on
2006 (3) PLJR 182
3 provisions across 3 enactments
Shaukat Ali
The State of Bihar
Madina Bano
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
