Dismissed¶35

Mukesh Kumar v. The State of Bihar

Patna HC7 Mar 2024CR. MISC./83629/2023

Case brief

AI extract

What is this about?

Anticipatory bail rejected — Patna High Court CR. MISC. No.83629 of 2023, decided 07-03-2024 by Justice Rajiv Roy (oral order). Petitioner apprehending arrest in Bhabua P.S. Case No. 740 of 2023, District Kaimur (Bhabua): Ss. 323 and 498A IPC and S. 4/5 Dowry Prohibition Act; FIR lodged 11.08.2023 by wife Mamta Kumari alleging dowry torture and ouster on 07.06.2023. Mediation (Proceeding No. 57 of 2024, sent 24.01.2024) failed. Court advised petitioner to seek bail; application rejected; interim order of 09.01.2024 vacated.

What did the court decide?

Considering the kind of allegation that the complainant (the lady) has made, the Court held it appropriate that the petitioner seek bail rather than be granted anticipatory bail. ¶32

Mukesh Kumar 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.83629 of 2023

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Arising Out of PS. Case No.-740 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua)

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

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MUKESH KUMAR SON OF RAMAKANT SINGH RESIDENT OF VILLAGE -RAMPUR, P.O -RUPPUR,P.S.- BHABUA, DISTRICTKAIMUR AT BHABUA

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... ... Petitioner/s

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Versus

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The State of Bihar

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MAMTA KUMARI WIFE OF MUKESH KUMAR RESIDENT OF VILLAGE - RAMPUR, P.O- RUPPUR, P.S- BHABUA, DISTRICTKAIMUR AT BHABUA

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Shyam Bihari Singh, Advocate For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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3 07-03-2024

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Heard the parties.

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The petitioner is apprehending his arrest in

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connection with Bhabua P.S. Case No. 740 of 2023 for the offence under Sections 323 and 498A of the I.P.C. and Section 4/5 of the Dowry Prohibition Act, lodged on 11.08.2023 by the informant, Mamta Kumari.

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As per the prosecution story, the complainant/informant alleged that she was married to this petitioner but was tortured for dowry and just four days after the marriage, her family members were abused when they visited her in-laws house. The goods sent by them were

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Patna High Court CR. MISC. No.83629 of 2023(3) dt.07-03-2024 2/3

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thrown out and further, she was prevented to meet them. The further allegation is that on 07.06.2023, she was ousted from the house and is presently staying with her parents.

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