The High Court at Ranchi confirmed the provisional bail for an accused facing charges under Sections 498A and 379 IPC and the Dowry Prohibition Act. The court allowed the bail application noting the length of custody and lack of misuse of prior bail.
Provisional bail granted vide order dated 17.5.2018 was confirmed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 2716 of 2018
Najrul Ishlam @ Najrul Islam …. …. Petitioner(s). Versus State of Jharkhand & Anr. …. …. Opp. Party(s) ------ CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
-----FOR THE PETITIONER(S) : Mr. Gautam Kumar, Advocate FOR THE STATE : A.P.P. FOR THE INFORMANT Mr. Sahau Kant, Advovcate ------
09/11.09.2018
Heard learned counsel for the parties. Learned A.P.P. opposes the prayer for bail.
The petitioner is an accused for allegedly committing an offence punishable under Sections 498A, 379 , 34 IPC and Section ¾ of the Dowry Prohibition Act.
Petitioner is the husband of the informant. There is allegation against this petitioner that he had demanded dowry and tortured his wife.
Counsel for the petitioner submits that allegation is vague and omnibus in nature. He submits that petitioner has already remained in custody for more than three months.
Counsel for the informant opposes the prayer for bail and submits that petitioner has driven out the informant from her matrimonial home.
Taking into consideration the nature of allegation and the fact that petitioner has remained in custody for more than three months, and now he is on provisional bail and there is no allegation that petitioner has misused the privilege of provisional bail, I am inclined to allow this application. Hence, the provisional bail granted to the petitioner vide order dated 17.5.2018 is hereby confirmed in connection with Rajmahal Police Station Case No. 112 of 2017 (G.R. No. 260 of 2017), pending in the court of learned Sub-Divisional Judicial Magistrate, Rajmahal.
(ANANDA SEN , J)
anjali/ C.P 3
1 issue framed by the court
Whether the petitioner is entitled to confirmation of provisional bail after more than three months of custody.
1 provisions across 1 enactments
Najrul Ishlam
State of Jharkhand
ANANDA SEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
