Single judge order granting bail to a husband arrested in Dowry Prohibition Act and Section 498A IPC for torture allegations. Court noted his prior incarceration duration and ordered bail upon furnishing bond.
Petitioner directed to be enlarged on bail on furnishing bond of Rs. 10,000 with two sureties of like amount to CJM Nawada.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10251 of 2015
Arising Out of PS.Case No. -601 Year- 2013 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ====================================================== 1. Dr. Kamlesh Soni son of Hira Lal Soni, resident at Baidan (Near Hanuman Mandir), Police Station- Baidan, District- Singrouli (M.P.) .... .... Petitioner/s Versus 1. The State of Bihar null null 2. Dr. Anuradha Verma wife of Dr. Kamlesh Soni, daughter of Ajay Kumar Verma, resident of Mohalla Mirzapur, Line Par, Police Station- Nawada, District- Nawada .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shivendra Kumar Sinha For the Opposite Party/s : Mr. Tapeshwar Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2 17-03-2015 Heard learned counsel for the petitioner, State as well as the informant. Petitioner seeks bail in a case registered under section 498A of the Indian Penal Code and 4 of the Dowry Prohibition Act. Petitioner is the husband. The wife made allegation of demand of dowry and torture. Learned counsel for the petitioner submits that the petitioner filed earlier divorce case in which the complainant wife received notice. The wife filed the present case making allegation of demand of dowry. It appears that the petitioner is in
Patna High Court Cr.Misc. No.10251 of 2015 (2) dt.17-03-2015
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jail for last two months.
Considering the facts and the nature of allegation made against the petitioner, and the fact that petitioner has already remained in jail for two months, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in complaint case no. 601 of 2013.
(Prabhat Kumar Jha, J)
M.Rahman/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a complaint case alleging dowry demand and torture under Section 498A IPC and Dowry Prohibition Act, given he has already been in jail for two months?
2 provisions across 2 enactments
Dr. Kamlesh Soni
The State of Bihar
Dr. Anuradha Verma
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
