Patna High Court granted provisional anticipatory bail for three months to the husband accused in an altercation involving dowry, directing release upon compliance.
Petitioner granted provisional bail for three months subject to maintenance conditions and furnishing of bond.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 34752 of 2014
Arising out of P. S. Case No. - 18 Year - 2014 Thana - SITAMARHI COMPLAINT CASE District - SITAMARHI ====================================================== 1. Gulzar Ansari, S/o Zaheer Ansari, R/o Village - Sonhauli, P.S. - Benipatti, District - Madhubani .... .... Petitioner Versus 1. The State of Bihar 2. Roushan Khatoon, W/o Md. Gulzar, R/o Village - Sonhauli, P.S. - Benipatti, District - Madhubani. A/p - Daughter of Md. Israel, R/o Village - Bajpatti, P.S.- Bajpatti, District - Sitamarhi .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 20-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.
This is a petition for grant of anticipatory bail in a case under Section 498A of the Indian Penal Code.
There is allegation of demand of dowry and on non-fulfilment of the same, subjecting to cruelty. The petitioner is the husband of the complainant.
Learned counsel for the petitioner submits that the petitioner is ready to keep the complainant with due dignity and honour and he has also filed a matrimonial case for restitution of conjugal rights prior to that.
Hence, having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on provisional bail for three months
Patna High Court Cr.Misc. No.34752 of 2014 (3) dt.20-04-2015
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in the event of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Pupri at Sitamari in connection with Complaint Case No. 18 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr. P. C. as well as the petitioner shall either keep the complainant with due dignity and honour or pay maintenance worth Rs.1,200/- per month till any higher maintenance is fixed by the competent court. The trial court having been satisfied that either the petitioner is keeping the complainant with due dignity or is paying Rs.1,200/- as maintenance and shall go on either maintaining the wife till the maintenance is decided by the competent court shall confirm the bail bond of the petitioner.
(Gopal Prasad, J.)
Kundan
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case alleging cruelty and dowry demand under Section 498A IPC.
2 provisions across 2 enactments
Gulzar Ansari
The State of Bihar
Roushan Khatoon
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
