The Patna High Court granted provisional anticipatory bail to a petitioner accused under Sections 498A and 379 IPC for alleged dowry torture. Bail is conditional on matrimonial harmony and confirmation within twelve weeks.
Provisional anticipatory bail for one year subject to bond and sureties, to be confirmed by lower court within twelve weeks.
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 OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24339 of 2013
====================================================== 1. Ranjeet Jha S/O Sri Harishchandra Jha Resident Of Village- Bijay, P.O.Haiderpur, P.S.- Pandaul, District- Madhubani .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 7 21-04-2014 Heard learned counsels for the petitioner and the State. The petitioner being husband of the complainant is apprehending arrest in a complaint case in which processes were directed to be issued after cognizance being taken under Section 498A and 379/34 of the Indian Penal Code.
The basic accusation is of torture for non fulfillment of dowry demands.
The petitioner and the complainant are present. The petitioner is ready to keep the complainant as wife with full dignity and honour and to take her to his place of work (Delhi) on or before 12th May, 2014. The offer of the petitioner is acceptable to the complainant who is present in court.
Considering the present 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
Patna High Court Cr.Misc. No.24339 of 2013 (7) dt.21-04-2014
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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 SDJM Jhanjharpur, Madhubani in connection with Complaint Case No. 671 of 2010 subject to the conditions as laid down under Section 438(2) Cr.P.C.
The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities – (i) if the matrimonial harmony is substantially restored or (ii) if the harmony is not restored due to laches on the part of the complainant (iii) if the complainant deliberately gets reluctant to reconcile the issue.
(Dinesh Kumar Singh, J)
Anil/-
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in a dowry demand torture case.
What conditions must be imposed for confirmation of provisional bail.
2 provisions across 2 enactments
Ranjeet Jha
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
