Single judge allowed anticipatory bail to a husband apprehending arrest for torture under Section 498A IPC, directing surrender within six weeks as a condition for regular bail in the lower court.
Direction to lower court to consider prayer for regular bail in case petitioner surrenders within six weeks.
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.25038 of 2015
Arising Out of PS.Case No. -4035 Year- 2013 Thana -COMPLAINT CASE District- ARRARIA ====================================================== 1. Md. Salim son of late Abdul Majid Resident of village - Gogra, P.S. - Jokihat, Dist - Araria. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Bibi Khodeja Khatoon Daughter of Md. Sahid, wife of Md. Salim Resident of village - Balawa, P.S. - Magalgaon, District - Araria. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. A.L.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
The petitioner being husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken under Section 498A of the Indian Penal Code.
The basic accusation is of torture.
In pursuance to the notice issued to the complainant O.P. No. 2 vide order dated 30.6.2015, the petitioner and the complainant are present.
The petitioner is ready to keep the complainant as wife with full dignity and honour but the offer of the petitioner is not acceptable to the complainant as she is apprehensive due to the
Patna High Court Cr.Misc. No.25038 of 2015 (3) dt.10-08-2015
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past conduct of the petitioner.
In the circumstances, let the learned court below consider the prayer for regular bail of the petitioner in case the petitioner surrenders within six weeks from today in connection with Complaint Case No. 4035 C of 2013 pending in the court of learned SDJM, Araria.
This application is disposed of with the aforesaid observation/direction.
(Dinesh Kumar Singh, J)
Anil/-
U T
3 issues framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest in a domestic harassment case.
Whether the petitioner agreeing to keep the complainant as wife with dignity will suffice for bail.
Whether a conditional direction to surrender within six weeks is appropriate.
1 provisions across 1 enactments
Md. Salim
The State of Bihar
Bibi Khodeja Khatoon
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
