Tuesday, August 13, 2013

how 2nd (legal) marriage of a Muslim becomes a dowry case!! Ant. Bail Patna HC!! Husband agrees to keep first wife with full honor &dignity !!


how 2nd (legal) marriage of a Muslim becomes a dowry case!! Ant. Bail Patna HC!! Husband agrees to keep first wife with full honor &dignity !!

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Patna High Court Cr.Misc. No.20181 of 2013 (3) dt.01-08-2013

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20181 of 2013

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1. Md. Umar Faruque @ Md. Umar S/O Md. Kasim **** **** Petitioner/s

Versus

1. The State Of Bihar  **** **** 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. Petitioner being husband of the informant apprehends his arrest in connection with Mahishi (Jalai) P.S. Case No. 105 of 2012 registered for the offences punishable under Sections 498 A, 323, 341, 504/34 of the Indian Penal Code.

Admittedly, marriage of petitioner had taken place with informant sixteen years ago and informant as well as petitioner led their married life happily and peacefully but later on, when petitioner allegedly, solemnized his second marriage, the dispute arose between the parties and the informant was ousted from her matrimonial home.

The contention on behalf of the petitioner is that petitioner is still ready to keep the informant with full honour and dignity and first information report has not been registered under Section 494 of the Indian Penal Code.

In view of the aforesaid submission as well as facts and circumstances of the case, 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 Chief Judicial Magistrate, Saharsa in Mahishi (Jalai) P.S. Case No. 105 of 2012 subject to condition as laid down under Section 438(2) of the Cr.P.C. and after being released the petitioner on provisional bail for the period of four months, the learned court below shall issue notices to the informant as well as petitioner fixing a date for reconciliation and shall explore the possibilities of reconciliation. It is made clear that if the learned court below succeeds in his attempt, the provisional bail granted to the petitioner shall be confirmed by the learned court below itself but if learned court below fails in his attempt due to non-cooperative and rigid approach of the petitioner, the provisional bail granted to the petitioner shall not be confirmed. It goes without saying that if the learned court below fails in his attempt due to rigid and non cooperative approach of the informant, the provisional bail granted to the petitioner shall be confirmed by the learned court below itself. It is made clear that aforesaid reconciliation proceeding must be completed within the above stated period of four months.

(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