Single judge order granting provisional anticipatory bail to husband accused under 498A/406 IPC for four months if second marriage is disproved by PCA.
Petitioner granted provisional anticipatory bail for four months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21556 of 2013
====================================================== Ravi Bhushan Prasad Gupta .... .... Petitioner/s Versus State Of Bihar & Anr .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 04-09-2013 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which cognizance has been taken under Sections 498A and 406 of the Indian Penal Code.
The accusation is of torture for non-fulfilment of the dowry demand.
On instruction, learned counsel for the petitioner submits that the petitioner is ready to keep the complainant as wife with full dignity and honour and denies to have performed second marriage when it is submitted by learned counsel for the complainant that the petitioner has performed second marriage.
Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for four months in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today,
Patna High Court Cr.Misc. No.21556 of 2013 (3) dt.04-09-2013
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on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Complaint Case No. 280 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C.
Let the learned court below conduct an enquiry with regard to the factum of second marriage by the petitioner and if it is found that the petitioner has not performed second marriage then the provisional bail of the petitioner will be confirmed by learned court below on substantial restoration of matrimonial harmony or if the complainant is reluctant to resume the conjugal life and if the learned court below comes to the conclusion otherwise then the petitioner will surrender before the learned court below and pray for regular bail.
(Dinesh Kumar Singh, J)
Amrendra/-
1 issue framed by the court
Whether the petitioner should be granted provisional anticipatory bail in doubt over second marriage accusation.
1 provisions across 1 enactments
Ravi Bhushan Prasad Gupta
State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
