The petitioner, facing arrest in a dowry case (IPC 498A and DP Act), sought anticipatory bail after failed mediation. The court acknowledged his inability to pay maintenance but, noting the circumstances, rejected the prayer for bail.
Prayer for anticipatory bail is rejected.
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. 829 of 2018
Suraj Kumar Sah @ Suraj Sah …… Petitioner Versus The State of Jharkhand & Anr …… Opposite Party
CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
For the Petitioner : Mr. S.K.Deo, Advocate For the State : A.P.P
04/Dated: 06/07/2018
The petitioner is apprehending his arrest in connection with Complainant Case No. 1041/2016, the case registered under Sections 498A of the Indian Penal Code and section 4 of D.P. Act.
Pursuant to order dated 27.04.2018 both the parties are physically present before this court and the possibility of reconciliation between between them through the process of mediation is explored but the same is failed.
Petitioner was asked that if this court admit him on bail, he has to pay maintenance amount to O.P.No.2 till disposal of the case, but the petitioner has declined and submitted that he is not in position to pay any amount to O.P.no.2.
Be that as it may, I am not inclined to enlarge the petitioner on bail.
Accordingly, prayer for anticipatory bail of the petitioner is, hereby, rejected.
( Anant Bijay Singh, J.)
Raman/
2 issues framed by the court
Whether the petitioner is entitled to be released on anticipatory bail considering his inability to pay maintenance to the opposite party.
Whether mediation between the parties succeeds for the purpose of bail.
2 provisions across 2 enactments
Suraj Kumar Sah @ Suraj Sah
The State of Jharkhand
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
