Naimul Haque Ansari & Ors. v. The State of Bi
Case at a glance
Outcome
Disposed of
Accordingly, this application stands disposed of
Provisions considered
- Indian Penal Code, 1860 ss. 34, 313, 498A
- Dowry Prohibition Act, 1961
- Code of Criminal Procedure, 1973 s. 438(2)
Key paragraphs
- Para 1010. Accordingly, this application stands disposed of. Trivedi/- U (Anjani Kumar Sharan, J)
Judgment
Mr. Dr. Anjani Pd. Singh : Mr. Bipin Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr. Mohammed Arif 4 28-08-2023 Heard learned counsel for the parties.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A and 313/34 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act.
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.
It is submitted by learned counsel for the peti- tioner that the petitioner is an innocent person and has commit- ted no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her Patna High Court CR. MISC. No.13251 of 2023(4) dt.28-08-2023 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 Bi- har, reported in 2006 (3) PLJR 182.
In that view of the matter, let the above named pe- titioner, be released on bail, in the event of his arrest or surren- der 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 Sheikhpura Mahila P.S. Case No.62 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,
Petitioner is ready to pay Rs.5,000.00 (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.
It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial main- tenance case or any other collateral proceedings. Patna High Court CR. MISC. No.13251 of 2023(4) dt.28-08-2023
Learned counsel for the opposite party no.2 is di- rected to make available the bank account details of opposite party no.2 in the learned Court below.
If so advised, either of the parties will be at liberty to make an application before the learned Court below for refer- ring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.
Operative part
Accordingly, this application stands disposed of. Trivedi/- U (Anjani Kumar Sharan, J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this application stands disposed of
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 34, 313, 498A; Dowry Prohibition Act, 1961; Code of Criminal Procedure, 1973 — s. 438(2).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.