The High Court rejected the petitioner's prayer for pre-arrest bail in a matrimonial harassment case, noting his responsibility for the torture acts.
Prayer for pre-arrest bail rejected; surrender permitted for regular bail consideration.
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.
Patna High Court Cr.Misc. No.27346 of 2014 (5) dt.09-01-2015
| IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27346 of 2014 |
|
|---|---|
| Arising Out of PS.Case No. -139 Year- 2013 Thana -BHABHU(KAIMUR) COMPLAIN C District- BHABHUA (KAIMUR) ====================================================== |
|
| 1. Ravindra Kumar Son of Ram Kishun RAm Resident of Village - Maidan, P.S.- Ghina, District - Chandauli (U.P.) |
|
| .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== |
|
Appearance : For the Petitioner/s : Mr. Ajay Nandan Sahay For the Opposite Party/s : Mr. C.Jawahar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER |
|
| 5 | 09-01-2015 Heard learned counsel for the petitioner, learned |
| counsel for the State and learned counsel representing the | |
| complainant. | |
| Petitioner apprehends his arrest in Complaint Case | |
| No. 139 of 2013 in which cognizance has been taken under Sections 498A, 406/34 of the Indian Penal Code. |
|
| The marriage of the complainant was solemnized | |
| with petitioner and just after marriage he along with his family members started torturing her for realizing further demand of motorcycle and a golden chain. |
|
| Submission is that the petitioner has filed divorce | |
| case as the mental condition of the complainant is not good and |
Patna High Court Cr.Misc. No.27346 of 2014 (5) dt.09-01-2015
she is mentally derailed for which she was being treated which got no effect and as such the petitioner deserves sympathetic consideration to which the learned APP duly assisted by the learned counsel for the complainant opposed by submitting that the petitioner being the husband has committed torture for nonfulfillment of demand of motorcycle and a golden chain.
In the facts and circumstances stated above and considering the fact that the petitioner is the husband and is responsible for tortures act, this Court is not persuaded to grant privilege of pre-arrest bail to the petitioner. Accordingly, his such prayer stands rejected.
However, in case and if so advised, the petitioner surrenders and seeks regular bail before the court below, then his prayer shall be considered on its own merit on the same day without being prejudiced by the present order.
(Jitendra Mohan Sharma, J)
avin/-
U T
1 issue framed by the court
Whether to grant pre-arrest bail to the petitioner alleging torture for dowry demand?
Ravindra Kumar
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
