Single judge order granting bail to the petitioner accused of offences under Section 498A IPC, considering the marriage date and long delay in initiating the proceedings.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of like amount.
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Patna High Court Cr.Misc. No.40895 of 2013 (2) dt.24-09-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40895 of 2013
====================================================== Pappu Singh, son of Late Yamuna Singh, r/o. village Ekari, P.S.Ekma, District Saran .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Awadhesh Kumar Singh, Advocate For the Opposite Party/s : Mr. J.K.Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2 24-09-2013 Heard the learned counsel for the petitioner and learned APP for the State. 2. The petitioner is in custody since 9.9.2012 in connection with alleged offences under Section 498A I.P.C. registered in connection with Ekma P.S. Case No. 174 of 2012. 3. The allegation is with regard to demand of dowry and torture for non-fulfillment thereof.
4. It is submitted that the allegations are false and frivolous considering that the marriage was solemnized in 1997 and four children were born out of the wedlock. Even according to the informant herself she has been living away from the petitioner for the past three or four years and as such there could be no occasion to institute the present case after such an inordinate delay.
5. Considering the aforesaid facts, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Ekma P.S. Case No. 174 of 2012.
(Vikash Jain, J)
Chandran
2 issues framed by the court
Whether the petitioner is entitled to be released on bail despite long delay in filing the dowry case.
Whether the allegations of dowry demand and torture are false and frivolous given the circumstances.
Pappu Singh
The State of Bihar
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
