Allowed

Parshun Kumar @ Prasoon Kumar v. The State Of Bihar

Patna HC7 Oct 2013CR. MISC./12824/2013

Case brief

AI extract

What is this about?

The Patna High Court granted the petitioner provisional anticipatory bail for six months for non-appearance in a 498A IPC case. Bail is conditional upon a court-enquiry into the marriage fact; if nullified, regular bail is confirmed pending surrender.

What did the court decide?

Provisional anticipatory bail for six months on furnishing a bail bond with two sureties, subject to conditions regarding theexistence of marriage and appearance before the lower court.

Parshun Kumar @ Prasoon Kumar Vs The State Of Bihar — Dowry and Cruelty | Patna HC (2013)

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Patna High Court Cr.Misc. No.12824 of 2013 (3) dt.07-10-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12824 of 2013

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====================================================== Parshun Kumar @ Prasoon Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 07-10-2013 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case in which cognizance has been taken under Section 498A of the Indian Penal Code.

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The basic accusation is of torture for non fulfillment of dowry demands.

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The matter was referred to the mediation centre of Patna High Court vide order dated 25.4.2013 but it appears from the report of the mediator at Flag A that the petitioner failed to appear on all the three dates, as a result, virtually no mediation was done.

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The factum of marriage with the complainant is being denied by the petitioner who is present in court when the complainant claims to have married with the petitioner. It is submitted by the learned counsel for the complainant that in the voter list of Raniganj legislative assembly the home constituency of the petitioner he

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Patna High Court Cr.Misc. No.12824 of 2013 (3) dt.07-10-2013

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has been described as the husband of the complainant.

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Considering the fact that the factum of marriage between the petitioner and the complainant is in dispute, let the above named petitioner be released on provisional anticipatory bail for six months in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Purnea in connection with complaint case no. 2540 of 2010 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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The petitioner and the informant agree to appear before the learned court below regularly.

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Let the learned court below get an enquiry conducted with regard to the factum of marriage between the petitioner and the complainant. If the learned court below comes to a conclusion that the marriage between the petitioner and the complainant was never solemnized then the provisional bail of the petitioner shall be confirmed but if the learned court below comes to a conclusion otherwise then the petitioner will surrender and pray for regular bail.

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Keeping in view the conduct of the petitioner in not

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Patna High Court Cr.Misc. No.12824 of 2013 (3) dt.07-10-2013

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appearing before the mediation centre, it is made clear that if the petitioner defaults in appearing before the learned court below then adverse inference will be drawn against the petitioner.

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(Dinesh Kumar Singh, J)

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Anil/-

Parshun Kumar @ Prasoon Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Parshun Kumar @ Prasoon Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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