Ram Balak Paswan v. The State Of Bihar
Case brief
What is this about?
Patna High Court rejected the petitioner's application for anticipatory bail in a dowry and cruelty case involving a second wife. The court directed surrender for regular bail consideration.
What did the court decide?
Prayer for grant of anticipatory bail is rejected. Petitioner directed to surrender for regular bail.
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.54045 of 2013 (2) dt.21-03-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.54045 of 2013
====================================================== 1. Ram Balak Paswan son of Khushi Lal Paswan, resident of VillageLaukahi, P.S.- Laukahi, District- Madhubani .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar, Advocate For the Opposite Party/s : Mr. Abhay Kr.Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER ------------------ 2 21-03-2014 Heard learned counsel for the petitioner and learned Addl.P.P. for the State.
The petitioner is the husband of the complainant Champa Devi and is apprehending his arrest in Complaint Case No. 930 of 2012 lodged for the offences under Sections 498(A) and 379 of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act.
Within two years of marriage, the complainant is said to have been tortured on account of non-fulfillment of dowry and has been ousted.
Contention of the learned counsel for the petitioner is that the complainant is the second wife of the petitioner. Earlier to that, she was married to some another person. In the context of aforesaid fact, it is submitted that the allegations are not
Patna High Court Cr.Misc. No.54045 of 2013 (2) dt.21-03-2014
convincing. It is also submitted that the petitioner is always ready and willing to establish the matrimonial harmony between him and his wife-the complainant.
Issues for consideration
2 issues framed by the court
Whether anticipatory bail should be granted to a second husband facing charges of cruelty and dowry demand under IPC 498A.
Whether the petitioner should surrender for regular bail after rejection of anticipatory bail.
Parties & counsel
- petitioner
Ram Balak Paswan
- respondent
The State of Bihar
Coram
Kishore Kumar Mandal
Case details
As recorded by the court registry
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