In a bail application under Sections 498A and 325 IPC, the Jharkhand High Court rejected the petitioner's plea for anticipatory bail, noting his failure to appear as required by Section 41 A Cr.P.C. despite notice.
Prayer for anticipatory bail rejected due to failure to appear before the Investigating Officer as required.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2313 of 2018
Binod Kumar Nayak ….. Petitioner Versus The State of Jharkhand & Anr. ….. Opp. Party --------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. Arun Kumar, Advocate. For the State : A.P.P. ---------
02/Dated: 01/10/2018
The petitioner is apprehending his arrest in connection with the case registered under Sections 498A, 325, 34 of the IPC and Section 3 /4 of the D.P.Act.
Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated. It is further submitted that the informant herself leave the matrimonial house, however petitioner is ready to keep his wife with full dignity.
Learned APP has opposed the prayer for anticipatory bail of the petitioner.
From perusal of the case diary it appears that despite notice under Section 41 A of the Cr.P.C. petitioner has failed to appear before the I.O. for recording his statement.
In view of the above-mentioned facts and nature of allegation, I am not inclined to admit the petitioner on anticipatory bail. Accordingly, his prayer for anticipatory bail is hereby rejected.
(Anant Bijay Singh, J.)
fahim/-
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving allegations of cruelty and assault under Sections 498A and 325 IPC.
Whether the petitioner's failure to appear before the Investigating Officer after notice under Section 41 A Cr.P.C. negates his claim for bail.
2 provisions across 2 enactments
Binod Kumar Nayak
The State of Jharkhand & Anr.
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
