Disposed

Sarfaraz Alam v. The State of Bihar

Patna HC21 Aug 2024CR. MISC./86071/2023

Case brief

AI extract

What is this about?

Husband sought anticipatory bail in a case alleging he ousted his wife from the matrimonial home over dowry demand. The court allowed pre-arrest bail on conditions including monthly payment of Rs.5,000 to the wife and liberty for mediation.

What did the court decide?

Petitioner released on anticipatory bail on furnishing Rs.25,000 bail bond with two sureties, subject to Section 438(2) Cr.P.C. conditions and payment of Rs.5,000 per month to opposite party no.2.

Sarfaraz 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.86071 of 2023

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Arising Out of PS. Case No.-225 Year-2022 Thana- AMAS District- Gaya

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

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Sarfaraz Alam Son of Noor Alam Resident of Mohalla- Flat no.305 ,Block-A, Rabindra Nagar Complex,88 Collage road Shalimar, P.S.-B.Garden, District -Howrah, West Bengal

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... ... Petitioner/s

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Versus

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The State of Bihar

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Nikhat Yasmin Village Sarf Colony, Hamzapur, PS- Amas, District- Gaya

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Suresh Prasad Singh No.1, Adv. Mr. Arbind Kumar Shrivastava, Adv. Ms. Kumari Rashmi, Adv. Mr. Tabish Sharfuddin, Adv. For the State : Mr. Satyendra Prasad, APP For the Informant : Mr. Anshul, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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6 21-08-2024 Heard learned counsel for the parties.

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The petitioner apprehends his arrest in a case

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registered for the offences punishable under Sections 498A, 307, 313 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act.

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

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Patna High Court CR. MISC. No.86071 of 2023(6) dt.21-08-2024 2/3

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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 Amas P.S. Case No. 225 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C..

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Petitioner is ready to pay Rs.5,000/- (Rupees Five Thousand) per month to opposite party no.2 in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

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It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial

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Patna High Court CR. MISC. No.86071 of 2023(6) dt.21-08-2024 3/3

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maintenance case or any other collateral proceedings.

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Learned counsel for the opposite party no.2 is directed to make available the bank account details of opposite party no.2 within a period of two weeks by submitting affidavit of the same before the learned Court Below.

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If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

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Accordingly, this application stands disposed

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of.

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(Anjani Kumar Sharan, J)

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anand/-

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U T

Sarfaraz Alam v. The State of Bihar

Case brief

What is this about?

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Sarfaraz Alam v. The State of Bihar

Case brief

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