In a bail application under Sections 498A IPC and 6 of the Dowry Prohibition Act, the Patna High Court directed the release of the petitioner on bail after hearing counsels for both sides and the Additional Public Prosecutor.
The petitioner is released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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.17324 of 2015
Arising Out of PS.Case No. -165 Year- 2014 Thana -SIKANDARA District- JAMUI ====================================================== 1. Md. Sarfraj Son of Md. Mushtaq, Resident of village + P.S.- Halsi, District- Lakhisarai .... .... Petitioner/s Versus 1. The State of Bihar 2. Rubi Parveen, Daughter of Late Rafiquddin, Resident of Mohalla + P.S.Sikandra, District- Jamui .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ambika Bhagat For the Opposite Party/s : Mr. Rajendra Pd.Nat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 15-09-2015 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.
Petitioner is husband of the informant and is languishing in jail custody since 03.03.2015 in a case registered for the offences punishable under Section 498A and other minor sections of the Indian Penal Code and Section ¾ of D.P. Act. Learned counsel for the petitioner points out that two days prior to institution of the present case, the uncle of the informant lodged Halsi P.S. Case No. 120 of 2014 against the petitioner and others and after the institution of the aforesaid case, opposite party no. 2 lodged the present case.
Patna High Court Cr.Misc. No.17324 of 2015 (3) dt.15-09-2015
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Learned counsel for the opposite party no. 2 submits that there is specific allegation of torturing against the petitioner which is corroborated by the injury report of the opposite party no. 2.
2.
It appears that there is no chance of reconciliation between the parties and, therefore, considering the aforesaid submissions as well as period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri A.K. Singh, Judicial Magistrate 1st Class, Jamui in connection with Sikandra P.S. Case No. 165 of 2014.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail considering the period of detention and lack of chance for reconciliation.
Whether there is a specific allegation of torturing corroborated by an injury report.
2 provisions across 2 enactments
State of Bihar
Rubi Parveen
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
