The High Court at Ranchi allowed the petitioner's application to convert his provisional bail into absolute bail. The court noted the petitioner had been in custody for four months with no allegation of misuse of provisional bail.
Provisional bail granted vide order dated 27.02.2018 in Connection Case No. 1395 of 2015 is made absolute.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 127 of 2018 Reyasat Ansari @ Md. Reyasat Ansari… Petitioner
Versus
1. The State of Jharkhand
2. Alima Khatoon …
… ... Opp. Parties.
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CORAM: HON'BLE MR. JUSTICE ANANDA SEN.
----For the petitioner: Mr. Rajendra Ram Ravidas, Advocate. For the State: Addl. P.P. For the O.P. No.2: Mr. Sunil Kumar, Advocate
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07/02.07.2018. Heard learned counsel for the parties.
The petitioner is an accused for the offence punishable under sections 498(A), 323, 494 of the Indian Penal Code and under section 3/ 4 of the Dowry Prohibition Act.
This case arises out of the complaint petition. There is an allegation against the petitioner that he being the husband was torturing his wife and demanding dowry.
Addl. P.P. assisted by the learned counsel for the opposite party no.2 opposes the prayer for bail and submits that the petitioner is not paying the maintenance amount fixed by the Court.
Taking into consideration the fact that this case arises out of a complaint and this petitioner has remained in custody from 01.11.2017 to 27.02.2018 i.e. for about 4 months and there is no allegation of misuse the privilege of provisional bail, which was granted to him, I am inclined to allow this application. Accordingly, the provisional bail granted to the petitioner vide order dated 27.02.2018 in connection with Complaint Case No. 1395 of 2015, pending in the Court of the learned Additional Chief Judicial Magistrate, Ramgarh, is made absolute.
(Ananda Sen, J)
Sharma/
1 issue framed by the court
Whether the petitioner is eligible for the conversion of provisional bail into absolute bail in a dowry-related offence where he has remained in custody for about four months.
2 provisions across 2 enactments
Reyasat Ansari @ Md. Reyasat Ansari
The State of Jharkhand
Alima Khatoon
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
