This order grants provisional anticipatory bail to a petitioner accused of dowry-related torture under sections 498A and 323 IPC, subject to reconciliation conditions.
Petitioner released on provisional anticipatory bail for one year subject to submission of bail bond and sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23339 of 2013
====================================================== Ashraf @ Md. Ashraf .... .... Petitioner. Versus The State Of Bihar & Anr .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 02-09-2013 Heard the learned counsels for the petitioner, informant and the State. The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 323, 379, 498A/34 of the Indian Penal Code and ¾ of the D. P. Act. The basic accusation is of torture for nonfulfillment of dowry demand. The accusation is of torture. It is submitted that the petitioner is ready to keep the informant as wife with full dignity and honour and a statement to that effect has been made in paragraph no. 10 of the petition. On instructions, learned counsel for the informant submits that the informant is ready to accept the offer made by the petitioner. Both sides agree to appear before the learned court below on 21.09.2013 when the
Patna High Court Cr.Misc. No.23339 of 2013 (2) dt.02-09-2013
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petitioner will take back the informant to her
matrimonial house to keep her as wife with full
dignity and honour.
Considering the present stand of the
parties, let the petitioner, above named, be
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 Goroul P.S. Case No.
30 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 C.J.M.,
Vaishali at Hajipur, subject to the conditions as
laid down under Section 438(2) of the Code of
Criminal Procedure.
The provisional bail of the petitioner will
be confirmed by the learned court below in three
eventualities: (i) On substantial restoration of
matrimonial harmony between the parties within one
year (ii) or the informant fails to appear before
the learned court below (iii) or the informant is
reluctant to reconcile the issue.
(Dinesh Kumar Singh, J)
U.K./-
2 issues framed by the court
Whether the petitioner is entitled to provisional anticipatory bail in a dowry-related torture case pending reconciliation.
What are the conditions for confirming the provisional anticipatory bail granted in this matrimonial dispute.
2 provisions across 2 enactments
Ashraf @ Md. Ashraf
The State Of Bihar & Anr
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court