The Patna High Court granted the petitioner accused under Section 498A IPC provision for provisional bail on surrender, directing the lower court to attempt reconciliation between the parties within four weeks before confirming the bail.
Provisional bail on Rs. 10,000 with two sureties; directed to surrender and reconcile.
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.32911 of 2014 (3) dt.07-04-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32911 of 2014 Arising Out of PS.Case No. -268 Year- 2013 Thana -BARAULI DistrictGOPALGANJ ====================================================== Rajesh Ram S/O Lalbabu Ram Resident of village - Pet Biraicha Police Station - Barauli District - Gopalganj. .... .... Petitioner Versus 1. The State of Bihar. 2. Sangita Devi wife of Rajesh Ram, Daughter of Ratan Ram Resident of village - Pet Biraicha Police Station - Barauli District - Gopalganj. At present resident of village - Mirjapur Police Station - Barauli, District - Gopalganj. .... .... Opposite Parties ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 3 07-04-2015 Heard both sides. The petitioner apprehends his arrest in Barauli P.S. Case No. 268 of 2013, registered for the offences punishable under Section 498A and other Sections of the Indian Penal Code and ¾ of the Dowry Prohibition Act. Submission is that the petitioner is ready to keep his wife, but the wife could not appear.
Since the petitioner is willing to keep his wife, the petitioner above named is directed to surrender in the court below within four weeks from the date of receipt/production of a copy of
Patna High Court Cr.Misc. No.32911 of 2014 (3) dt.07-04-2015
this order and the court below shall enlarge the petitioner on provisional bail, after issuing notice to the informant, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Barauli P.S. Case No. 268 of 2013/ G.R. No. 3521 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and the court below shall make efforts for reconciliation between the husband and the wife. If the dispute is resolved, the provisional bail granted to the petitioner shall be confirmed and if the dispute does not resolve the court below shall pass order in accordance with law on the provisional bail of the petitioner.
(Prabhat Kumar Jha, J.)
Rakhi/-
U T
3 issues framed by the court
Whether the petitioner accused under Sections 498A IPC and Dowry Prohibition Act can be granted provisional bail pending reconciliation.
Whether the court below should attempt reconciliation between the husband and wife before proceeding further.
Whether the petitioner apprehending arrest in a PS Case is eligible to surrender and secure bail.
Colour shows how this judgement treated each authority
nullReferred
null
1 provisions across 1 enactments
Rajesh Ram
The State of Bihar
Sangita Devi
Prabat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
