Madhukant Dubey v. The State Of Bihar
Case brief
What is this about?
The Hon'ble High Court at Patna, in a criminal miscellaneous matter, directed the release of the petitioner on bail upon furnishing a bond, noting that his wife had remarried under the Special Marriage Act, which served as a ground for the earlier contempt of order.
What did the court decide?
Petitioner Madhukant Dubey directed to be released on bail on furnishing bond of Rs. 10,000 with two sureties of the like amount.
What the court decided
A compact analysis
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.
Patna High Court Cr.Misc. No.21759 of 2014 (03) dt.11-08-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21759 of 2014
| Arising Out of PS.Case No. -322 Year- 2005 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN (MOTIHARI) ====================================================== Madhukant Dubey .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== |
|---|
| Appearance : For the Petitioner/s : Mr. Ranjeet Kumar Pandey-Advocate For the Opposite Party/s : Mr. Abhay Kumar Roy-A.P.P. ====================================================== |
CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER |
| 03 11-08-2014 Heard learned counsel for the petitioner, learned |
| Additional Public Prosecutor as well as learned counsel for the |
| complainant Reeta Devi, who happens to be wife of petitioner. |
The spouses are at loggers head and on account thereof, with an allegation of torture and cruelty a complaint petition was filed, the basis of instant prosecution.
It has been submitted on behalf of petitioner that at an earlier occasion petitioner had filed Cr. Misc. No.16766 of 2008 for grant of anticipatory bail on the ground that his wife, the complainant Reeta Devi had already married with Anurag Tiwari and while disposing of the aforesaid Criminal Miscellaneous, petitioner was directed to surrender before the learned lower Court and ask for regular bail on that very ground, whereupon the Court was under obligation to issue notice to wife and after hearing the
Patna High Court Cr.Misc. No.21759 of 2014 (03) dt.11-08-2014
Issues for consideration
3 issues framed by the court
Whether the petitioner should be released on bail considering his wife has remarried according to the Special Marriage Act.
Whether the petitioner complied with the earlier order directing surrender and regular bail.
Whether prima facie material is available from the marriage certificate regarding the ground of remarriage.
Parties & counsel
- petitioner
Madhukant Dubey
- respondent
The State of Bihar
Coram
Aditya Kumar Trivedi
Case details
As recorded by the court registry
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