In a bail application under CrPC in a Section 498-A IPC case, the Patna High Court granted release on bail, noting the petitioner's clean antecedents and the absence of an injury report substantiating torture allegations.
Petitioner released on bail bond of Rs.10,000 with two sureties of Rs.10,000 each to the Subdivisional Judicial Magistrate, Masaurhi.
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.
Patna High Court Cr.Misc. No.32447 of 2013 (2) dt.02-08-2013
| IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32447 of 2013 ====================================================== |
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Hd K f l Shhibhh Yd li L Shhi |
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| arenra umar son o ate asusan aav aas ate as Bhushan Singh resident of Gelha Bigha at present Barni Road, P.S. Masaurhi, District Patna. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Syed Asghar Najmi For the Opposite Party/s : Mr. B.P. Singh, APP ====================================================== |
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER |
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| 2 | 02-08-2013 | Heard learned counsel for the petitioner and learned A.P.P. for the State. |
| The petitioner is in custody since 29.01.2013 in connection with Masaurhi P.S. Case No. 388/2012 for the alleged offences under sections 498-A of the Indian Penal Code. The allegation is with regard to demand of dowry and torture for non-fulfillment of the same. It is submitted that the allegations are false and |
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| concocted. No injury report has been brought on record to substantiate the allegation of brutal assault. The petitioner claims to be of clean antecedent and states that he is ready and willing to keep the informant’s daughter with dignity and honour. |
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| Considering the aforesaid facts and the period of | ||
| custody, let the petitioner above named be released on bail on |
Patna High Court Cr.Misc. No.32447 of 2013 (2) dt.02-08-2013
furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Subdivisional Judicial Magistrate, Masaurhi (Patna) in connection with Masaurhi P.S. Case no. 388/2012.
(Vikash Jain, J)
Amin/-
2 issues framed by the court
Whether the petitioner is entitled to release on bail in a case involving allegations of dowry demand and torture under Section 498-A IPC.
Whether the petitioner's lack of prior criminal record and willingness to maintain the informant's daughter justify bail.
Bhushan Singh
The State Of Bihar
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
