Hon'ble Justice Gopal Prasad granted provisional anticipatory bail to the petitioner for three months in an alleged dowry harassment case if he surrenders within four weeks, contingent upon the wife residing with him with dignity.
Directed to be released on provisional bail for three months subject to conditions of wife's residence.
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. 36018 of 2014
Arising out of P. S. Case No. - 372 Year - 2013 Thana - SITAMARHI COMPLAINT CASE District - SITAMARHI ====================================================== 1. Bechan Rain, S/o Late Taslim Rain, Resident of Village Balaha Raslapur, P.S. Bajpatti, District Sitamarhi .... .... Petitioner Versus 1. The State of Bihar 2. Raushan Khatoon, W/o Bechan Rain, D/o Abdul Halim, Resident of Village Balaha Raslapur, P.S. Bajpatti, District Sitamarhi .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER
2 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 and ousted from the matrimonial home after snatching her money, jewelleries and clothes. The petitioner is the husband of the complainant.
Learned counsel for the petitioner submits that the petitioner and complainant have compromised the case and the complainant is residing with the petitioner.
Hence, having regard to the facts and circumstances of the case, the petitioner, above named, is
Patna High Court Cr.Misc. No.36018 of 2014 (2) dt.20-04-2015
2
directed to be released on provisional bail for three months 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, Sitamarhi in connection with Case No. C-1/372/2013, subject to the conditions as laid down under Section 438(2) of the Cr. P. C. and after his surrender the trial court shall call for the complainant and if the trial court is satisfied that she is residing with the petitioner with due dignity and honour then the trial court shall confirm the bail bond of the petitioner having been satisfied that the petitioner during the period of three months is residing with the complainant-wife with due dignity and honour. However, if the trial court is satisfied that the complainant is not residing with the petitioner with due dignity and honour then the interim bail granted by this Court shall stand cancelled.
(Gopal Prasad, J.)
Kundan
U T
2 issues framed by the court
Whether to grant anticipatory bail in a case alleging cruelty and dowry demand under Section 498A IPC based on alleged compromise.
Whether the bail should be linked to the complainant residing with the petitioner with due dignity and honour.
2 provisions across 2 enactments
Bechan Rain
The State of Bihar
Raushan Khatoon
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
