Single judge high court disposition granting provisional anticipatory bail to a husband accused of dowry harassment under Section 498A IPC and Dowry Prohibition Act, subject to strict conditions for confirming regular bail.
Provisional anticipatory bail granted for one year subject to conditions; notice to complainant issued for future appearance.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21263 of 2015
Arising Out of PS.Case No. -3205 Year- 2011 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Abhilash Kumar .... .... Petitioner/s Versus State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Ranjan For the Opposite Party/s : Mr. Anita Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 15-05-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
The accusation is of torture for non-fulfilment of the dowry demand. The factum of marriage between the petitioner and the complainant and birth of a female child are admitted facts.
On instruction, learned counsel for the petitioner submits that the petitioner is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 15 of the petition relevant portion of the same reads as follows:-
“ he loves his daughter Medhavi deeply so ready to keep
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and stay with his wife if she is willing to come to live with him.”
Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Subdivisional Judicial Magistrate, Patna in connection with Complaint Case No. 3205C of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C.
Let the learned court below issue notice to the complainant for her appearance. On her appearance, the petitioner will take the complainant to keep her as wife with full dignity and honour.
The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue.
(Dinesh Kumar Singh, J)
Amrendra/-
U T
2 issues framed by the court
Whether the petitioner qualifies for provisional anticipatory bail in a dowry harassment case pending cognizance.
Whether conditions can be imposed regarding the restoration of matrimonial harmony for confirming bail.
3 provisions across 3 enactments
Abhilash Kumar
State of Bihar
Anr
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
