Petitioner seeking anticipatory bail in a case alleging dowry-related cruelty under IPC Sections 498-A and 504. Petitioner's prayer rejected as conciliation failed and he was found apprehending arrest.
Prayer for anticipatory bail is hereby rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 2421 of 2014
Prasant Kumar Modi @ Pintu Modi ...… Petitioner Versus 1. The State of Jharkhand 2. Asha Devi ...… Opposite Parties
CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioner : Mr. Vikesh Kumar, Advocate For the State : A.P.P. For the opp. party No.2 : Mr. Kalyan Banerjee, Advocate. -----
5/19.1.2015 Heard learned counsel for the petitioner and learned counsel for the State as also learned counsel for the complainant-opposite party No.2.
The petitioner is apprehending his arrest in connection with Complaint Case No. 1989 of 2013 for the offence under Sections 498-A, 504, 34 of the Indian Penal Code.
The petitioner is the husband of the complainant and there is allegation against him to have subjected his wife to cruelty and torture for the demand of dowry.
The matter was sent for conciliation between the parties and the report of the Conciliator shows that the efforts of conciliation have failed.
In the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner, Prasant Kumar Modi @ Pintu Modi. Accordingly, his prayer for anticipatory bail is hereby rejected.
( H. C. Mishra, J.)
BS/
2 issues framed by the court
Whether anticipatory bail is maintainable in a case involving cruelty and dowry demands under Sections 498-A and 504 IPC.
Whether anticipatory bail should be granted when conciliation efforts have failed.
Prasant Kumar Modi @ Pintu Modi
The State of Jharkhand
Asha Devi
H. C. Mishra
As recorded by the court registry
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