The court granted bail to the petitioner in a Section 498A complaint case, allowing him to surrender within six weeks and submit a bond of Rs. 10,000 with two sureties under Section 438(2) Cr.P.C.
Petitioner released on bail upon surrender within six weeks with a bond of Rs. 10,000 and two sureties under Section 438(2) Cr.P.C.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.54335 of 2013
Arising Out of PS.Case No. -1778 Year- 2012 Thana -SARAN COMPLAINT CASE DistrictSARAN ====================================================== 1. Ashok Rai S/O Ram Pravesh Rai Resident Of Village Devlakha Bhithi, Police Station Baniapur, District Saran At Chapra. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. Pinki Kumari W/O Ashok Rai D/O Bachcha Prasad Resident Of Village Gopalpur, Police Station Madhora, District Saran At Chapra. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Birendra Kumar Singh For the Opposite Party/s : Mr. Shahin Begum, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 3 08-07-2014 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest for the offence alleged under Section 498A of the I.P.C. registered in connection with Complaint Case No. 1778 of 2012.
Accusation is of demand of dowry and torture for non-fulfillment of the same.
It is submitted that the petitioner has falsely been implicated and as a matter of fact, opposite party no.2 was taken away by her father on the eve of Chhath Puja. There is no injury report on record to substantiate the accusations. Petitioner expresses his willingness to keep his wife with full dignity and
Patna High Court Cr.Misc. No.54335 of 2013 (3) dt.08-07-2014
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honour and claims to be of clean antecedent.
Learned counsel for the opposite party no.2 appears but has not filed any counter affidavit.
Having regard to the entirety of the facts and circumstances of the case, as such, in the event of the petitioner’s arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M., Saran at Chapra in connection with Complaint Case No. 1778 of 2012 (Tr. No. 2368 of 2013), subject to the conditions as laid down under Section 438 (2) Cr. P.C.
(Vikash Jain, J.)
Shail/-
U
1 issue framed by the court
Whether the petitioner is liable to be released on bail in a Section 498A case pending trial.
2 provisions across 2 enactments
Ashok Rai
The State Of Bihar
Pinki Kumari
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
