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AHSANUDDIN AMANULLAH
Sameer Khan @ Sami @ Sami Khan – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT
Ahsanuddin Amanullah, J. - The matter has been heard via video conferencing.
2. Heard Mr. Mohammed Abu Haidar, learned counsel for the petitioner; Mr. Nand Kishore Prasad, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State and Mr. Umesh Kumar Gupta, learned counsel for the complainant-opposite party no. 2.
3. The petitioner apprehends arrest in connection with Complaint Case 576 (C) of 2019 dated 23.07.2019, instituted under Sections 323, 341, 504, 506, 494, 498A and 406 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act, 1961.
4. The allegation against the petitioner, who is the husband of the opposite party no. 2 is of torture, due to nonfulfillment of demand of dowry of Rs. 1 lakh, Hero Honda motorcycle, washing machine and attempt to kill her by the accused persons and snatching of her belongings and finally ousting her from the matrimonial home.
5. Learned counsel for the petitioner submitted that the allegations are totally false and it is the opposite party no. 2 herself who was not willing to live in the matrimonial home right from the beginning and was pressurizing the petitioner to live with the parents of the opposite
The Court's decision was influenced by the substance found in the allegations and the petitioner's conduct, leading to the dismissal of the petition for pre-arrest bail.
Compliance with court orders and the expressed desire of the opposite party in a matrimonial dispute.
The court's decision was influenced by the finding that the allegations made in the FIR were not untrue or unbelievable based on the conduct of the petitioner.
The court emphasized the importance of fulfilling commitments in matrimonial disputes and considered the conduct of the petitioner in reaching its decision.
Anticipatory bail granted with conditions, emphasizing temporary relief to the informant in matrimonial context and failure of mediation attempts.
Bail granted contingent upon fulfilling conditions of financial support and court satisfaction amidst allegations of dowry and torture.
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