Disposed

Jubair @ Jubair Ahmad v. The State of Bihar

Patna HC5 Aug 2024CR. MISC./9511/2024

Case brief

AI extract

What is this about?

Husband sought pre-arrest bail in a complaint case alleging torture for non-fulfilment of dowry demand. On his undertaking to pay Rs.3,000 monthly maintenance to the complainant, the court enlarged him on anticipatory bail subject to deposit conditions and Section 438(2) CrPC.

What did the court decide?

Petitioner enlarged on anticipatory bail on Rs.10,000 bond with two sureties, conditioned on monthly maintenance deposits of Rs.3,000 to the complainant.

Jubair @ Jubair Ahmad 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.9511 of 2024

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Arising Out of PS. Case No.-189 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran

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

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JUBAIR @ JUBAIR AHMAD SON OF LAL MOHAMMAD MIYAN R/OMACHAHA, P.S.-MUFFASIL MOTIHARI, DISTT.-EAST CHAMPARAN

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR

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NAJRA KHATOON DAUGHTER OF JAHIR HUSSAIN R/O-LAUKHAN TOLA KHORWA, P.S.-GHORSAHAN, DISTT.-EAST CHAMPARAN

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner : Mr. Abhishek Kumar, Advocate For the State : Mr. Pramod Kr. Pandey, APP For Opposite Party No.2 : Mr. Ajay Kr. Singh, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH

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ORAL ORDER

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4 05-08-2024 Heard learned counsels for the parties.

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The petitioner, husband of the

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complainant/Opposite Party No. 2, apprehends his arrest in Complaint Case No. 189 of 2019 registered for the offence punishable under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

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As per complaint case, this petitioner is alleged to have committed torture and harassment with the complainant/Opposite Party No. 2 due to non-fulfillment of demand of dowry.

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Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 3,000/-

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Patna High Court CR. MISC. No.9511 of 2024(4) dt.05-08-2024 2/3

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(three thousand rupees) per month, starting from this month, to complainant/Opposite Party No. 2.

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In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand rupees) per month to complainant/Opposite Party No. 2 , in the event of arrest/surrender within a period of six weeks from today, let the petitioner, above-named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class, Motihari, East Champaran, in connection with Complaint Case No. 189 of 2019, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:

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“(A.) Complainant/Opposite Party No. 2 would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.

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(B.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the complainant/Opposite Party No. 2 .

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(C.) In case, the petitioner fails to deposit the maintenance amount for two consecutive months, the court below would be at liberty to cancel the bail bond.

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(D.) The aforementioned payment will be subject to any order passed in matrimonial,

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Patna High Court CR. MISC. No.9511 of 2024(4) dt.05-08-2024 3/3

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maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.”

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(Prabhat Kumar Singh, J)

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shashank/-

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U T

Jubair @ Jubair Ahmad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Jubair @ Jubair Ahmad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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