Patna High Court granted provisional anticipatory bail to a petitioner facing charges of marital torture under Sections 498A and 323 IPC. Bail was conditional upon restoration of matrimonial harmony within one year or appearance of the complainant.
Provisional anticipatory bail for one year upon furnishing bond and conditions regarding matrimonial harmony.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14068 of 2013
====================================================== Arjun Mahto son of Late Mahabir Mahto .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 01-05-2013 Petitioner being husband of the complainant is apprehending his arrest in a complaint case in which cognizance has been taken under Sections 498A, 323 of the I.P.C. Accusation is of torture. It is submitted by learned counsel for the petitioner that petitioner is ready to keep the complainant as wife with full dignity and honour.
Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for one year, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai in connection
Patna High Court Cr.Misc. No.14068 of 2013 (2) dt.01-05-2013
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with Complaint Case No. 1895 of 2010.
Let learned Court below issue notice to the complainant and fix a date for her appearance. On appearance of the complainant, the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour.
The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below on substantial restoration of the matrimonial harmony within a period of one year, or if the complainant deliberately refuses to reside with the petitioner.
(Dinesh Kumar Singh, J)
Shageer/-
2 issues framed by the court
Whether the petitioner is eligible for provisional anticipatory bail given his apprehension of arrest in a marriage torture case.
Whether conditions can be imposed on the petitioner to compel restoration of matrimonial harmony for confirmation of bail.
1 provisions across 1 enactments
Arjun Mahto
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
