Allowed

Panna Lal Prasad v. State Of Bihar and Anr.

Patna HC13 Aug 2015CR. MISC./33447/2015

Case brief

AI extract

What is this about?

This court granted the petitioner provisional anticipatory bail in a Section 498A complaint case for one year, subject to meeting the police, reconciling with the wife, and fulfilling other specific conditions regarding matrimonial harmony.

What did the court decide?

Provisional anticipatory bail granted for one year subject to reconciliation and court appearance conditions.

Panna Lal Prasad Vs State Of Bihar and Anr. — Matrimonial and Divorce | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33447 of 2015

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Arising Out of PS.Case No. -2277 Year- 2013 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ====================================================== Panna Lal Prasad .... .... Petitioner/s Versus 1. State of Bihar 2. Kumari Punita @ Punita Devi .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Umeshanand Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 13-08-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code.

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The basic accusation is of torture.

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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 11 of the petition which reads as follows:-

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”11. That the petitioner is still ready to keep the complainant as a wife with full honour and dignity."

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Petitioner admits his marriage with the complainant. A statement has been made at paragraph 8 of the petition that the

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Patna High Court Cr.Misc. No.33447 of 2015 (2) dt.13-08-2015

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2/2

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petitioner filed Matrimonial Suit No. 431 of 2013 for restitution of conjugal rights.

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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 Judicial Magistrate, 1^st Class, Gopalganj in connection with Complaint Case No.2277 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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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.

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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.

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(Dinesh Kumar Singh, J)

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Ashwini/-

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U T

Panna Lal Prasad v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Panna Lal Prasad v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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