Tuesday, August 13, 2013

anti bail to husbnd aftr 2 lakhs moolah paid. 2 lakhs on record. god knows how much official ! PATNA HC

anti bail to husbnd aftr 2 lakhs moolah paid. 2 lakhs on record. god knows how much official ! PATNA HC 


Learning
********************
* file case
* agree moolah
* agree for divorce
* then husb gets anti bail 
* MEANING HUSBAND NOT ARRESTED TILL DATE !! 
* 2 lakhs moolah mentioned on records ...god know how much was actually paid !!


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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
 
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CASE FROM PATNA HC WEB SITE 
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IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.986 of 2013

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1. Niraj Kumar S/O Satya Narayan Mandal *********** Petitioner/s

Versus

1. The State Of Bihar 
2. Anita Kumari W/O Niraj Kumar  *************Opposite Party/s

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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA

ORAL ORDER

01-08-2013 

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by learned counsel for opposite party no. 2. 

At the very outset, it is pointed out by learned counsel for the petitioner that matter has already been settled amicably between the parties outside the court and it has been decided between the parties that petitioner would give rupees two lacs to the complainant and furthermore, it has also been decided that both parties would seek mutual divorce before the competent court.

Learned counsel for opposite party no. 2 conceded the above stated submission. In view of the aforesaid submissions, this anticipatory bail petition stands disposed off with direction to petitioner to surrender before the court below within four weeks from the date of receipt of this order to the concerned court and if he does so and seeks regular bail, the learned court below shall release the petitioner on provisional bail for the period of four months on the day of his surrender on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Munger in Complaint Case No. 887 C of 2011 subject to condition as laid down under Section 438(2) of the Cr.P.C. and if within the above stated period both parties file compromise petition and the court below finds the compromise petition in order, the provisional bail granted to the petitioner shall be confirmed by the learned court below itself. 

(Hemant Kumar Srivastava, J)

SHAHZAD/-








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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist