Court granted anticipatory bail to petitioner apprehending arrest in dowry-related FIR. Order specified conditions for bail execution including bond amount and surety requirements.
Petitioner enlarged on bail furnishing bond of Rs.10000 with two sureties of same amount as laid down conditions.
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.33532 of 2014
Arising Out of PS.Case No. -56 Year- 2014 Thana -DARIYAPUR District- SARAN ====================================================== Abhay Upadhyay @ Abhay Kumar Upadhyay son of Late Radhe Shyam Upadhyay, resident of village- Kothiyan, Police Station- Awatar Nagar, District- Saran at Chapra. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Raghwendra Kumar, Adv. For the Opposite Party/s : Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER
2 12-08-2014 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 498 (A)/ 34 IPC and 3 /4 of D. P. Act.
Allegation against the accused including the petitioner is to have demanded dowry and due to non-fulfilment of demand of dowry she was tortured brutally,
It is submitted that the informant is mentally ill and the petitioner has filed Divorce Case No. 46 of 2014 and after lodging aforesaid divorce case, this case has been lodged by the informant. The petitioner has no criminal antecedent.
Considering the facts and circumstances, in case of arrest or surrender within a period of four weeks the above named
Patna High Court Cr.Misc. No.33532 of 2014 (2) dt.12-08-2014
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petitioner will be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sri P. K. Chaudhary, learned Judicial Magistrate, Saran at Chapra in Dariyapur P. S. Case No. 56 of 2014, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and the other following conditions:-
| (i) | The petitioner will not indulge himself in similar or |
|---|---|
| any other offence. | |
| (ii) | One of the bailors must be the close relative of the |
| petitioner. | |
| (iii) | The petitioner will be well represented in the Court |
| on each and every date and in case of absence for | |
| two consecutive dates or in case of violation of | |
| terms of bail, his bail bond would be liable to be | |
| cancelled by the learned Court concerned. |
(Amaresh Kumar Lal, J)
Kanchan/U T
1 issue framed by the court
Whether bail should be granted to the petitioner with sureties and bond amount.
1 provisions across 1 enactments
Abhay Upadhyay @ Abhay Kumar Upadhyay
The State of Bihar
Amaresh Kumar Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
