Partly allowed

Krishna Kumar Sah @ Krishna Kumar Shah and Anr. v. State Of Bihar and Anr.

Patna HC2 Aug 2014CR. MISC./21890/2014

Case brief

AI extract

What is this about?

In a petition for anticipatory bail in a dowry harassment case, the Court rejected the prayer for the husband due to his alleged conduct. However, it directed the mother-in-law to surrender within three weeks and granted her conditional anticipatory bail.

What did the court decide?

Bail rejected for petitioner no.1; Anticipatory bail granted to petitioner no.2 upon surrender within three weeks subject to bond and conditions.

Krishna Kumar Sah @ Krishna Kumar Shah and Anr. Vs State Of… — Dowry and Cruelty | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21890 of 2014

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Arising Out of PS.Case No. -669 Year- 2012 Thana -EAST CHAMPARAN COMPLAINT DistrictEAST CHAMPARAN(MOTIHARI) ====================================================== 1. Krishna Kumar Sah @ Krishna Kumar Shah son of Sipahi Sah 2. Manju Devi wife of Sipahi Sah Both residents of village - Sundrapur, P.S. - Kesariya, District - East Champaran. .... .... Petitioners Versus 1. The State of Bihar. 2. Pinki Devi @ Pinku Devi daughter of Punyadev Sah resident of Village - Sarotar, P.S. - Dumariyaghat, District - East Champaran. .... .... Complainant/ Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate. For the State : Mr. Ashok Kumar APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 3 02-08-2014 Heard learned counsel for the petitioners, informant and the State. The husband and the mother-in-law of the complainant are petitioners seeking anticipatory bail in a case instituted under Sections 406 and 498A of the Indian Penal Code. As per allegation the marriage of the complainant was solemnized with petitioner no.1 on 31.5.2010. No sooner she stepped into the matrimonial house the husband and other family members started torturing her for want of fulfillment of demand of dowry. There is allegation of physical assault attributed to the petitioner no.1 also.

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Learned counsel for the petitioners submits that the

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Patna High Court Cr.Misc. No.21890 of 2014 (3) dt.02-08-2014

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petitioners are ready and willing to establish cordial relationship with the complainant and to keep her with full dignity and respect in the matrimonial home. There is general allegation against the mother-in-law.

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Learned counsel for the complainant, on the other hand, states that considering the said stand taken by the husband he was initially granted provisional bail but subsequently taking into account his conduct, the same was not confirmed and ultimately the prayer for anticipatory bail was rejected.

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In view of the aforesaid and also keeping in focus the fact that the petitioner no.1, namely, Krishna Kumar Sah @ Krishna Kumar Shah is husband of the complainant, this Court is not inclined to grant him the privilege of anticipatory bail.. His prayer is rejected.

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However, if the petitioner no.1 surrenders before the Court below within a period of four weeks from today and satisfies the Court that good relations between him and his wife has been established the learned Court below would consider his prayer and pass appropriate order in accordance with law uninfluenced by the present order.

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So far as the petitioner no.2, namely, Manju Devi is concerned, in the event of her arrest or surrender before the Court below within a period of three weeks from today she shall be

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Patna High Court Cr.Misc. No.21890 of 2014 (3) dt.02-08-2014

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released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Class, Sadar Motihari, East Champaran, in connection with Trial no. 4602 of 2013 arising out of complaint case no. 669 of 2012, subject to the condition as laid down under Section 438(2) of the Cr.P.C. with following conditions:-

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(i) One of the bailors shall be the own/close family member of the petitioner. (ii) Upon framing of charge the petitioner shall appear in person before the Court below on all the dates fixed at the trial. In case of default on two consecutive dates, the trial Court shall be at liberty to cancel the bail bond of the petitioner and secure her arrest in accordance with law.

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(Kishore Kumar Mandal, J)

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Shyam/U T

Krishna Kumar Sah @ Krishna Kumar Shah and Anr. v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Krishna Kumar Sah @ Krishna Kumar Shah and Anr. v. State Of Bihar and Anr.

Case brief

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What did the court decide?

What the court decided

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