The High Court of Jharkhand allowed a bail application filed by an accused in a Section 498A IPC case. Considering the long period of custody since November 2017, the court granted absolute bail, converting the provisional bail previously issued.
The provisional bail granted vide order dated 29.01.2018 is hereby made absolute.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 10171 of 2017
Subash Rai @ Subhash Rai ….. Petitioner -V e r s u s- 1.The State of Jharkhand 2.Rakhi Devi ….. Opposite Parties
….. CORAM: HON'BLE MR. JUSTICE ANANDA SEN
For the Petitioner : Mr. A.K.Choudhary, Advocate For the State : A.P.P
7/8.05.2018 Heard learned counsel for the parties.
Learned Addl.P.P. Opposes the prayer for bail.
The petitioner is an accused for allegedly committing offence punishable under Sections 498A of the Indian Penal Code, in connection with P.C.R. Case No. 149 of 2015, corresponding to T.R.No. 229 of 2017, pending in the court of learned J.M, Deoghar.
In spite of the order dated 29.01.2018 opposite party no.2 has not appeared.
The petitioner is the husband. There is an allegation against the petitioner that he has tortured his wife and driven her out from her matrimonial house. The petitioner has remained in custody since 13.11.2017, till date he was released on provisional bail vide order dated 29.01.2018.
Taking into consideration the period of custody, I allow this application. The provisional bail granted to the petitioner vide order 29.01.2018 in connection with P.C.R. Case No. 149 of 2015, corresponding to T.R.No. 229 of 2017, pending in the court of learned J.M, Deoghar, is hereby made absolute.
Amar/cp3
2 issues framed by the court
Whether to grant absolute bail to the accused in a case under Section 498A IPC considering the period of custody.
Whether the provisional bail granted earlier should be made absolute.
Subash Rai @ Subhash Rai
The State of Jharkhand
Rakhi Devi
ANANDA SEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
