Allowed¶21

Md. Mokhtar v. the State of Bihar

Patna HC16 Jul 2024CR. MISC./9576/2024

Case brief

AI extract

What is this about?

Md. Mokhtar v. State of Bihar & Neha Khatoon; Patna High Court, Criminal Miscellaneous No.9576 of 2024, decided 16-07-2024 by Prabhat Kumar Singh, J. Anticipatory bail granted in Saran Complaint Case No. 176 of 2023 (Sections 323, 498A IPC; Sections 3, 4 Dowry Prohibition Act); bail-bond Rs. 10,000 with two sureties; arrest/surrender within six weeks; Section 438(2) CrPC conditions; precedent cited 2006(3) PLJR 182.

What did the court decide?

Anticipatory bail: petitioner, on arrest/surrender within six weeks, to be enlarged on bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Saran at Chapra, in connection with Complaint Case No. 176 of 2023, subject to Section 438(2) CrPC conditions. ¶21

Md. Mokhtar Vs the State of Bihar — Dowry and Cruelty | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9576 of 2024

¶2

Arising Out of PS. Case No.-176 Year-2023 Thana- SARAN COMPLAINT CASE District-

¶3

Saran

¶4

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

¶5

MD. MOKHTAR S/O- MD. IBRAHIM @ MOHAMMAD IBRAHIM R/OVILLAGE- AJAYBGANJ, P.S.- BHAGWAN BAZAR, DIST.- SARAN, CHAPRA.

¶6

... ... Petitioner/s

¶7

Versus

¶8

THE STATE OF BIHAR 2. NEHA KHATOON W/O- MD. MOKHTAR R/O- VILLAGEAJAYABGANJ, P.S.- BHAGWAN BAZAR, DIST.- SARAN. CHAPRA. AT PRESENT RESIDENT OF DAULATGANJ MIRCHAIYA TOLA, DAULATGANJ, P.S.- BHAGWAN BAZAR, DIST.- SARAN

¶9

... ... Opposite Party/s

¶10

====================================================== Appearance : For the Petitioner : Mr. Krishna Kumar Yadav, Advocate For the State : Mr. Gulnar Begum, APP For Opposite Party No.2 : N o n e ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

¶11

4 16-07-2024

¶12

Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

¶13

Despite valid service of notice, nobody appears on behalf of the Opposite Party No. 2.

¶14

The petitioner apprehends arrest in a case registered for the offences punishable under Sections 323 and 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

¶15

As per prosecution case, this petitioner is alleged to have committed torture and harassment with the

¶16

Patna High Court CR. MISC. No.9576 of 2024(4) dt.16-07-2024 2/3

¶17

informant/Opposite Party No. 2 due to non-fulfillment of demand of dowry.

¶18

It is submitted on behalf of petitioner that petitioner happens to be husband of the informant and present case has been lodged due to petty family dispute. There is general and omnibus allegation of commission of assault against him. It is further submitted that petitioner is ready to keep the informant, as his wife, with full honour and dignity. It is next submitted that the case is triable by the Magistrate. In this connection, petitioner has relied upon a judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors.

¶19

Vs. The State of Bihar , reported in 2006(3) PLJR 182 .

¶20

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of petitioner.

¶21

Considering the aforesaid facts and circumstances, the prayer for grant of anticipatory bail to the petitioner is allowed.

¶22

Accordingly, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, 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 S.D.J.M., Saran at Chapra, in

¶23

Patna High Court CR. MISC. No.9576 of 2024(4) dt.16-07-2024 3/3

¶24

connection with Complaint Case No. 176 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

¶25

(Prabhat Kumar Singh, J)

¶26

shashank/-

¶27

U T

Md. Mokhtar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Mokhtar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Deepak Jayaswal @ Deepak Kumar Vs The State of Bihar

Suraj Choudhary @ Suraj Kumar Vs the State of Bihar

Shivagtulllaha @ Md. Sibgatullah Vs the State of Bihar

Suraj Kumar Chandrawanshi @ Suraj Kumar Vs The State Of Bihar

Md Kurban Ansari Alias Kurban Ansarai Vs The State of Bihar

Dharmbir Singh @ Aman Singh Vs The State of Bihar