High Court granted anticipatory bail to petitioner in dowry harassment case following mutual settlement. Court directed wife to file for dissolution of marriage per agreement.
Released on anticipatory bail with bond; directed respondent to file divorce petition under Section 13(B) of Hindu Marriage Act.
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Patna High Court Cr.Misc. No.17049 of 2013 (5) dt.18-04-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17049 of 2013
====================================================== 1. Jay Prakash Chaudhary @ Ajay Prakash Chaudhary S/O Bindeshwari Chaudhary Resident Of Village Simariya, P.S. Triveniganj, District Supaul. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Anuradha Devi .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
5 18-04-2014 Heard learned counsels for the petitioner and the State. However, learned counsel for the complainant is not present.
The petitioner being husband of the informant is apprehending arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.
The basic accusation is of torture for non fulfillment of
dowry demands.
With the consent of the parties, the matter was referred to the Mediation Centre. Report of the Mediator at Flag – A reflects that both sides agreed to part ways on payment of one time settlement amount of Rs.3,00000/- which is paid through S.B.I. draft no. 360567 to the O.P. No. 2.
Considering the terms of agreement between the parties which is part of the affidavit, let the above named petitioner be
Patna High Court Cr.Misc. No.17049 of 2013 (5) dt.18-04-2014
released on anticipatory bail 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 CJM, Supaul in connection with Triveniganj P.S. Case No.68 of 2012 subject to the conditions as laid down under Section 438(2) Cr.P.C.
It is expected from the O.P. No. 2 to file an appropriate application under section 13(B) of the Hindu Marriage Act for dissolution of marriage in terms of the agreement reached between the parties.
(Dinesh Kumar Singh, J)
Anil/-
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner in case registered under Section 498A IPC sections 3 and 4 of the Dowry Prohibition Act after mediation agreement.
Whether to instruct the respondent for filing application for dissolution of marriage under Section 13(B) Hindu Marriage Act based on the settlement.
4 provisions across 4 enactments
Jay Prakash Chaudhary @ Ajay Prakash Chaudhary
The State Of Bihar
Anuradha Devi
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
