High Court granted the petitioner provisional anticipatory bail for one year in a dowry prosecution case, subject to conditions for restoring matrimonial harmony and court notice to the informant.
Released on provisional anticipatory bail for one year subject to conditions, sureties, and court notice to informant for reconciliation.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24788 of 2015
Arising Out of PS.Case No. -251 Year- 2014 Thana -KHAJEKALLAN District- PATNA ====================================================== Raj Kumar @ Raja Kumar .... .... Petitioner/s Versus State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashi Shekhar Sharma For the Opposite Party/s : Mr. Murlidhar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 08-07-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A, 323, 324, 325 and 420/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
The accusation is of torture for non-fulfilment of the dowry demand.
On instruction, learned counsel for the petitioner submits that the petitioner is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 6 of the petition which reads as follows:-
“ That the petitioner is the husband and ready to keep his wife with full honour and dignity.”
Considering the present stand of the petitioner, let the
Patna High Court Cr.Misc. No.24788 of 2015 (2) dt.08-07-2015
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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 SDJM, Patna city in connection with Khajekalan P.S. Case No. 251 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.
Let the learned court below issue notice to the informant for her appearance. On her appearance, the petitioner will take the informant 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 informant fails to appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue.
(Dinesh Kumar Singh, J)
Amrendra/-
U T
3 issues framed by the court
Whether an accused husband can be granted provisional anticipatory bail in a dowry-related case pending investigation.
Whether the willingness of the husband to maintain matrimonial harmony justifies provisional release.
Whether the custodian court should issue notice to the wife for reconciliation before confirming bail.
1 provisions across 1 enactments
Raj Kumar @ Raja Kumar
State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
