The Patna High Court granted provisional anticipatory bail to the petitioner for one year in matrimonial cases involving cruelty and bigamy, conditioning release on a family harmony bond.
Released on provisional anticipatory bail for one year subject to conditions of family harmony and appearance before the trial court.
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 JUDICATURE AT PATNA Criminal Miscellaneous No.16753 of 2013
| ====================================================== Mantun Chaudhary @ Mantan Chaudhary S/O Late Sanichar Chaudhary R/O Village - Jadopur, P.S. - Pandarak, Distt.–Patna. .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== |
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| CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER |
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| 2 | 14-05-2013Heardthelearnedcounselsforthe |
petitioner and the State. |
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The petitioner being the husband of the |
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complainantisapprehendinghisarrestina |
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complaint case in which cognizance has been taken |
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for the offences punishable under Sections 494, |
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498(A) of the Indian Penal Code and 3/4 of the D. P. |
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Act. |
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The accusations are of torture for non- |
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fulfillment of dowry demand and performing second |
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marriage.It is submitted that the petitioner has not |
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performed second marriage and is ready to keep the |
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complainant as wife with full dignity and honour. |
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Hence, the accusation is not being deliberated. |
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Consideringthepresentstandofthe |
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petitioner, let the petitioner, above named, be |
Patna High Court Cr.Misc. No.16753 of 2013 (2) dt.14-05-2013
2 / 2
released on provisional anticipatory bail for one
year in the event of arrest or surrender before the
learned court below within a period of twelve weeks
from today in connection with Complaint Case No.
125(C) of 2012 on furnishing bail bond of
Rs.10,000/-(Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned
A.C.J.M., Barh, Patna, subject to the conditions as
laid down under Section 438(2) of the Code of
Criminal Procedure.
Let the learned court below issue notice to
the complainant and on her appearance the petitioner
will take the complainant to her matrimonial house
to keep her as wife with full dignity and honour.
The provisional bail of the petitioner will
be confirmed by the learned court below in three
eventualities if the matrimonial harmony is restored
substantially within one year or the wife
deliberately refuses to reside with the petitioner
or she fails to appear before the learned court
below.
(Dinesh Kumar Singh, J)
U.K./-
2 issues framed by the court
Whether to grant provisional anticipatory bail to the petitioner given the apprehension of arrest for offences under IPC 494, 498A and DP Act.
Whether conditions can be imposed regarding the restoration of matrimonial harmony between the petitioner and the wife.
1 provisions across 1 enactments
Mantun Chaudhary @ Mantan Chaudhary
The State Of Bihar
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court