In bail proceedings regarding an offence under Section 498A IPC for domestic violence, the High Court converted the petitioner's provisional bail into absolute bail considering his custody period and lack of alleged bail misuse.
The petitioner's provisional bail was made absolute.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 9976 of 2017
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Sanjai Sen
… Petitioner
-versus-
---CORAM : HON’BLE MR. JUSTICE ANANDA SEN
---For the Petitioner : Mr. Raja Ravi Shekhar Singh, Advocate For the State : Mr. Asif Khan, A.P.P. For the O.P. No.2 : Mr. S.S. Choudhary, Advocate
---5/ 23.07.2018 Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing for the opposite party No.2. Petitioner is an accused for allegedly committing the offence punishable under Section 498(A) of the Indian Penal Code in connection with P.C.R. Case No.742 of 2013 (T.R. No. 181 of 2017), pending in the Court of learned Judicial Magistrate 1st , Rajmahal.
Petitioner is the husband. The case arises out of a complaint. There is allegation of demand of dowry and torture by this petitioner. Petitioner has remained in custody from 08.11.2017 till he was granted provisional bail vide order dated 25.01.2018.
Learned counsel appearing for the petitioner submits that he is paying the maintenance amount of Rs.1500/- per month, as directed by the Court. He submits that there is no allegation of any misuse of privilege of provisional bail by this petitioner.
Taking into consideration that the petitioner has already remained in custody from 08.11.2017 till he was released on provisional bail vide order dated 25.01.2018, the fact that the case arises out of a complaint and there is no allegation of any misuse of privilege of provisional bail, I am inclined to allow the petitioner to remain on bail. Accordingly, the provisional bail granted to the petitioner vide order dated 25.01.2018, in connection with P.C.R. Case No.742 of 2013 (T.R. No.181 of 2017), pending in the Court of learned Judicial Magistrate 1st , Rajmahal, is hereby made absolute.
This application stands allowed.
( Ananda Sen, J.)
Kumar/Cp-03
1 issue framed by the court
Whether to make the petitioner's provisional bail absolute.
Sanjai Sen
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
