The Patna High Court granted the husband one year of provisional anticipatory bail in a dowry harassment case, conditioned upon marital reconciliation or the wife's voluntary return to the matrimonial home.
Provisional anticipatory bail for one year with bond of Rs.10,000 and two sureties.
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.
| IN THE HIGH COURT Criminal Misce ======================= |
OF JUDICATURE AT PATN llaneous No.46797 of 2012 ============================ |
A === |
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|---|---|---|---|
Pankaj Choudhary S/O Late Ga Simri, District–Darbhanga. |
nesh Chaudhary R/O Village - Kansi, |
P.S. |
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| 1. The State Of Bihar. 2. Priyanka Devi W/O Pankaj Muffasil ( Samastipur ), District ======================= |
.... .... Petiti Versus Choudhary R/O Village - Neerpur, –Samastipur. .... .... Opposite Pa ============================ |
oner. P.S. rties. === |
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| Appearance : | |||
For the petitioner : For the complainant : For the State : |
Mr. Girish Chandra Jha, Advocate. Mr. Suryakant Mishra, Advocate. M/S. Gajendra Kumar Jha & Rajendra Prasad Nat, Advocates. |
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| ======================= CORAM: HONOURABLE M SINGH ORAL ORDER |
=========================== R. JUSTICE DINESH KUMAR |
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| 2 | 15-01-2013Heardthe |
learnedcounselsfor |
the |
petitioner, complainan |
t and the State. |
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The petitione |
r being the husband of |
the |
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complainant is appreh |
ending his arrest in comp |
laint |
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case in which cogniz |
ance has been taken for |
the |
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offences punishable |
under Sections 498(A) of |
the |
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Indian Penal Code and |
3/4 of the D. P. Act. |
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The accusatio |
n is of torture for |
non- |
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fulfillment of dowry |
demand. Both sides agre |
e to |
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reconcile the issue. |
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Both sides |
agree to appear before |
the |
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learnedcourtbelo |
won11.02.2013when |
the |
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petitioner will take |
back the complainant to |
her |
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matrimonial house to |
keep her as wife with |
full |
Patna High Court Cr.Misc. No.46797 of 2012 (2) dt.15-01-2013
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dignity and honour.
Considering the 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 C.R. No. 20 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 S.D.J.M., Samastipur,
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 if the matrimonial harmony is restored
substantially within one year or the wife
deliberately refuses to reside with the petitioner
or she fails to appear before the learned court
below.
(Dinesh Kumar Singh, J)
U.K./-
3 issues framed by the court
Whether the petitioner is entitled to provisional anticipatory bail pending marital reconciliation in a dowry harassment case.
What conditions must be met for the provisional anticipatory bail to be confirmed or revoked.
What specific terms govern the release of the husband on bail conditioned upon the restoration of matrimonial harmony.
1 provisions across 1 enactments
Pankaj Choudhary
The State Of Bihar
Priyanka Devi
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court