Anticipatory bail petition where petitioner, facing FIR under Sections 498A IPC and 4 Dowry Prohibition Act alleging marriage default, was granted bail upon signing a bond.
Petitioner to be released on bail upon furnishing bond of Rs.10,000 with two sureties within four weeks of receiving this order.
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Patna High Court Cr.Misc. No.42715 of 2012 (6) dt.22-04-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42715 of 2012
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Manish Kumar @ Rinku, son of Ishwar Dayal Sah, Resident of MohallaSimali Sahdara, P.S. Malsalami, Patna City, District- Patna. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER
6 22-04-2013 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Hilsa P.S. Case No. 338 of 2012 registered under Section 498A of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.
It is alleged that the petitioner after taking money and performing ring ceremony, he resiled from marriage.
Learned counsel for the petitioner submits that the offences under Sections- 498A, 406 and 420 of Indian Penal Code are not applicable in this case, and Section- 4 of Dowry Prohibition Act is bailable, in view of sub Section-II of the first schedule.
Having regard to the facts and circumstances of the case, the above named petitioner in the event of his arrest/surrender within a period of four weeks from the date of receipt of copy of
Patna High Court Cr.Misc. No.42715 of 2012 (6) dt.22-04-2013
order shall be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Hilsa, District-Nalanda, in connection with Hilsa P.S. Case No. 338 of 2012, subject to condition as laid down under Section 438 (2) of Cr.P.C.
m.p.
(Gopal Prasad, J)
1 issue framed by the court
Whether the petitioner is eligible for preventive bail under Section 438 CrPC given the allegations regarding default in marriage and financial misconduct.
1 provisions across 1 enactments
Manish Kumar @ Rinku
The State of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
