The Patna High Court granted provisional anticipatory bail to the petitioner in an alleged Section 498A torture case, conditioned on restoring matrimonial harmony. The court directed the police to take the wife back to her matrimonial home.
Provisional anticipatory bail for one year subject to fulfilling conditions and restoring matrimonial harmony.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49247 of 2012
====================================================== Rajesh Thakur .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 29-01-2013 Heard learned counsels 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 Section 498A of the Indian Penal Code.
The basic accusation is of torture. The petitioner is ready to keep the complainant as wife with full dignity and honour, hence the accusation is not being deliberated.
Considering the 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 twelve 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 learned Subdivisional Judicial Magistrate, Saran at Chapra in connection with Complaint Case No. 2304 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C.
Patna High Court Cr.Misc. No.49247 of 2012 (2) dt.29-01-2013
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Let the learned court below issue notice to the complainant for her appearance when the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour.
The provisional bail of the petitioner will be confirmed by learned court below if the matrimonial harmony is substantially restored or if the complainant deliberately refuses to reside with the petitioner.
(Dinesh Kumar Singh, J)
Amrendra/-
2 issues framed by the court
Whether to grant provisional anticipatory bail to the petitioner in an alleged Section 498A torture case subject to conditions.
Whether provisional bail should be confirmed contingent upon the restoration of matrimonial harmony.
1 provisions across 1 enactments
Rajesh Thakur
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
