Daily Archives: August 13, 2013

girl elopes +marries lover, uncle files abduction. lover gets A. bail. PatnaHC. 10 years before final justice is rendered in this case ??

girl elopes +marries lover, uncle files abduction. lover gets A. bail. Patna HC. 10 years before final justice is rendered in this case ??

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IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22134 of 2013

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Ramu Manjhi Son Of Sri Jethan Manjhi Resident Of Village – Diha Police
Station – Guraru District – Gaya**** **** Petitioner/s

Versus

The State Of Bihar **** **** Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

ORAL ORDER

01-08-2013

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends arrest in connection with Guraru P.S. Case No. 112 of 2012 registered for offence punishable under Sections 366A/34 of the Indian Penal Code.

The petitioner, along with others, is accused of abducting the minor niece of the informant for the purpose of marriage.

Learned counsel for the petitioner submits that due to there being love affair between the girl and the petitioner, she had gone with him on her free will and married him. It is submitted that the informant’s party were aware of the same which would be clear from the fact that the F.I.R. has been lodged after about nine days from the alleged date of occurrence and there is no explanation for the same. Learned counsel further submits that subsequently the girl has also appeared before the Court and recorded her statement under Section 164 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code’) in which she has stated that she had married the petitioner on her own free will and there was no kidnapping. She has also said that she was living with the petitioner and his family members. Copy of the said deposition has been brought on record by way of supplementary affidavit filed on behalf of the petitioner. It is also submitted that the petitioner has no criminal antecedent. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

Considering the facts and circumstances of the case, in the event of arrest or surrender before the court below within four weeks from today, the petitioner be released on bail upon 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, Gaya in Guraru P.S. Case No. 112 of 2012, subject to the conditions laid down in Section 438 (2) of the Code.

(Ahsanuddin Amanullah, J.)

Anjani/-

*****************************disclaimer**********************************
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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Patna HC AB for husband’s parents in 498a case. Marriage 06, 498a complaint 12, AB ’13 !! So many 498a orders in one single day !! 498a must be big biz in Bihar now !! Sad state of matrimony !!

Patna HC AB for husband’s parents in 498a case. Marriage 06, 498a complaint 12, AB now !! So many 498a orders in one single day !! 498a must be big biz in Bihar now !! Sad state of matrimony !!

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Patna High Court Cr.Misc. No.20231 of 2013 (3) dt.01-08-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20231 of 2013
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1. Sk. Harmuz S/O Late Guchku
2. Bibi Rajunya W/O Sk. Harmuz **** **** 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 petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Complaint Case No. 339 of 2012 in which cognizance has been taken for the offence punishable under Section 498 A of the Indian Penal Code.

Taking into consideration that marriage of complainant was solemnized in the year 2006 and she spent her married life at her matrimonial home till filing of the aforesaid complaint case and moreover, the petitioners happen to be parents in law of the complainant and no specific overt-act has been attributed against them, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/surrender within three weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Araria in Complaint Case No. 339 of 2012 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J)

SHAHZAD/-

*****************************disclaimer**********************************
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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Patna HC AB for husband’s parents in 498a case. Marriage 06, 498a complaint 12, AB ’13 !!.pdf

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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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

with mother and sons on one side, and daghtr in law on opposite, this sure IS a 498a case ? dragging 4 years ?

with mother and sons on one side, and daghtr in law on opposite, this sure IS a 498a case ? dragging 4 years ? ******************************************************************
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how runaway girl later says abduction, ‘taken away’, confinement.. & lover gets Ant. Bail ! IS IT difficult to get AB in Patna. This is the second or thrid AB I am seeing on ONE day !! – 01 Aug 2013 ??


how runaway girl later changes it to abduction, ‘taken away’, confinement.. & lover gets Ant. Bail ! IS IT difficult to get AB in Patna. (recently there were such notes on FB and so this question)

This is the second or thrid AB I am seeing on ONE day !! – 01 Aug 2013 ??

Are we sure or just sentimental in saying the HC is NOT granting AB ? are the ppl (victim hubbys) getting the correct lawyers ?? and the correct view of law ?

Note
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"******.was in love with co-accused Md lmran and she eloped with co-accused Md lmran and later on, co-accused Md lmran and victim surrendered themselves before Superintendent of Police from where victim and Md lmran were taken into custody by the Investigating officer which is evident from perusal of paras 21 and 22 of the case diary******."

*****************************disclaimer**********************************
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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Patna High Court Cr.Misc. No.12900 of 2013 (3) dt.01-08-2013 1
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12900 of 2013
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Afroz Mian & Anr **** **** Petitioner/s

Versus

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 petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Madanpur P.S. case no.247/2012 registered under section 366A/34 of the IPC.

Admittedly, victim returned to her home and her statement under section 164 of the Cr.P.C was recorded and in the said statement, she stated that she was taken away by these petitioners and she had confined in a room in which one Md Imran was also confined. Learned counsel for the petitioners submits that victim was in love with co-accused Md lmran and she eloped with co-accused Md lmran and later on, co-accused Md lmran and victim surrendered themselves before Superintendent of Police from where victim and Md lmran were taken into custody by the Investigating officer which is evident from perusal of paras 21 and 22 of the case diary. It is further contended by him that later on, victim was tutored by the police and her parents and that was the reason, she gave absurd statement which is not believable.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioners, Afroz Mian and Md Azad, be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in Madanpur P.S. case no.247/2012 subject to condition as laid down under section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava,J)

shahid

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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