The Patna High Court granted the petitioner provisional anticipatory bail for one year regarding charges of dowry torture, subject to restoring matrimonial harmony and producing the wife before the trial court under Section 438 Cr.P.C.
Provisional anticipatory bail for one year on furnishing a bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26941 of 2013
====================================================== Binod Sah @ Binod Kr. Sah, Son of Raj Kumar Sah .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 03.10.2013 Heard learned counsel 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 307, 323, 379, 384,504, 498A of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act.
The accusation is of torture for non-fulfillment 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.
Considering the present stand of the petitioner, let the above named petitioner 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 12
Patna High Court Cr.Misc. No.26941 of 2013 (2) dt.03-10-2013
2/2
weeks from today, on furnishing bail bond of Rs.10,000/- (ten
thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Chapra in connection with Complaint Case No.1581 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C.
Let the learned Court below issue notice to the complainant for her appearance when on her appearance, the petitioner will take the complainant to keep her as wife with full dignity and honour.
The provisional bail of the petitioner will be confirmed by learned Court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to appear before the learned Court below or (iii) if the complainant is reluctant to reconcile the issue.
(Dinesh Kumar Singh, J.)
Ashwini/
2 issues framed by the court
Whether the petitioner should be released on anticipatory bail given his readiness to restore matrimonial harmony.
What conditions should be attached to the grant of provisional anticipatory bail in a dowry torture case.
1 provisions across 1 enactments
Binod Sah
State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
