Allowed

Om Prakash Upadhyay and Anr. v. The State Of Bihar

Patna HC23 Sept 2013CR. MISC./22842/2013

Case brief

AI extract

What is this about?

The High Court at Patna granted provisional and regular anticipatory bail to the father and husband of a victim in a Section 304B dowry death case. Bail was granted subject to a one-year timeline for restoring matrimonial harmony and the wife's continued cooperation.

What did the court decide?

Petitioner No.1 granted anticipatory bail; Petitioner No.2 granted provisional anticipatory bail subject to conditions regarding reconciliation within one year.

Om Prakash Upadhyay and Anr. Vs The State Of Bihar — Domestic Violence | Patna HC (2013)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Criminal Miscellaneous No.22842 of 2013

¶3

====================================================== 1. Om Prakash Upadhyay son of Brahmanand Upadhyay 2. Rakesh Kumar Upadhyay son of Om Prakash Upadhyay .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 23-09-2013 Petitioners being father of the husband and the husband himself of the victim are apprehending their arrest in a complaint case in which cognizance has been taken under Section 304B, 201, 498A of the I.P.C. and ¾ of the Dowry Prohibition Act.

¶4

The initial accusation was of killing the daughter of the complainant for non-fulfilment of dowry demand by pushing her from the running train. Subsequently the daughter of the complainant appeared. She is present in the Court. Both the victim, daughter of the complainant, and the husband of the victim are ready to reconcile the issue.

¶5

Both sides agree to appear before learned Court below on 28^th of October, 2013, when the petitioner No. 2 will take her wife to the matrimonial house to keep her with full dignity and honour.

¶6

Considering the aforesaid stand of petitioner No.2, let the petitioner No.2, above named, in the event of his arrest or surrender before the Court below within a period of 12

¶7

Patna High Court Cr.Misc. No.22842 of 2013 (3) dt.23-09-2013

¶8

2 / 2

¶9

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 Chief Judicial Magistrate, Buxar in connection with Buxar Town P.S. Case No. 426 of 2012, arising out of Complaint Case No. 1261C of 2012

¶10

The provisional anticipatory bail of the petitioner No. 2 will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of one year (ii) If the wife of petitioner No.2 fails to appear before learned Court below (iii) If she is reluctant to reconcile the issue.

¶11

Considering the present stand of petitioner No.2, let the petitioner No.1, 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 anticipatory bail 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, Buxar in connection with Buxar Town P.S. Case No. 426 of 2012, arising out of Complaint Case No. 1261C of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

¶12

Shageer/-

¶13

(Dinesh Kumar Singh, J)

Om Prakash Upadhyay and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Om Prakash Upadhyay and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sirchan Sahni Vs The State Of Bihar

Triveni Rishi and Ors. Vs The State Of Bihar

Md. Aftab Vs State Of Bihar and Anr.

Brij Nandan Soni Vs State Of Bihar and Anr.

Lakhindra Rai Vs The State Of Bihar

Pintu Mandal Vs The State Of Bihar