This oral order disposed of a criminal miscellaneous petition apprehending arrest under Section 498 A IPC and Dowry Prohibition Act. The court granted liberty to move trial court for bail as per Arnesh Kumar guidelines.
Liberty to move Sub-Divisional Judicial Magistrate, Saran for bail under Arnesh Kumar guidelines.
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.25470 of 2014
Arising Out of Complaint Case No. -341 Year- 2011 District- SARAN
======================================================
Deepak Kumar, Son of Late Yugal Kishore Sahu, resident of C/9, Rama
Park Extension, P.S. Uttam Nagar, New Delhi
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Arti Devi, wife of Sri Deepak Kumar, daughter of Vijay Prasad,
presently residing at Mohalla-Karimchak, Rahat Road,P.S.-Chapra
Town, District- Saran.
.... .... Opposite Party/s
======================================================
CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL
ORAL ORDER
2 15-09-2014 Heard the learned counsel for the petitioner and the
learned counsel for the State.
The petitioner apprehends his arrest in Complaint
Case No.341/2011 (Trial No.2002/13) registered for the offence
punishable under Section 498 A of the I.P.C. and Section 3 of
Dowry Prohibition Act.
This petition stands disposed of with a liberty to the
petitioner to move before the learned Sub-Divisional Judicial
Magistrate, Saran at Chapra / court concerned who will pass the
order in view of the direction given by the Hon’ble Supreme
Court in the case of Arnesh Kumar vs. State of Bihar & Anr.,
reported in 2014(3) PLJR 314 (SC).
(Amaresh Kumar Lal, J)
V.K. Pandey/U T
2 issues framed by the court
Whether the criminal proceedings under Section 498 A IPC and Section 3 of Dowry Prohibition Act can be stayed in view of Supreme Court precedent.
How the petitioner should proceed after the disposition of the criminal miscellaneous petition.
Colour shows how this judgement treated each authority
Arnesh Kumar vs. State of Bihar & Anr.Applied¶6
2014(3) PLJR 314 (SC)
2 provisions across 2 enactments
Deepak Kumar
State of Bihar
Arti Devi
Amaresh Kumar Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
