High Court granted provisional anticipatory bail for three months to petitioner in a dowry and cruelty case, subjecting him to conditions of maintaining dignity of wife and paying interim maintenance.
Released on provisional anticipatory bail for three months on furnishing bail bond with two sureties and complying with maintenance conditions.
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.36438 of 2014
Arising Out of PS.Case No. -6 Year- 2014 Thana -MAHILA P.S. District- SITAMARHI ====================================================== 1. Amanullah S/o Gulam Nabi Resident of Village Madhuban, P.S. AND District Sitamarhi .... Petitioner Versus 1. The State of Bihar. 2. Tabassum Khatoon W/o Amanullah, D/o Md. Shahid Resident of Village Kora Kharagi, P.S. Parsauni, District Sitamarhi .... Opposite Parties ====================================================== Appearance : For the Petitioner : Mr. Hans Lal Kumar, Advocate For the Opposite Parties : Mr. Awadhesh Kr.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER
2 20-04-2015 Heard the learned counsel for the petitioner and the State.
This is a petition for grant of anticipatory bail for offence under Sections 323, 498A/34 of the Penal Code and 4 of the Dowry Prohibition Act.
There is allegation of demand of dowry and subjecting cruelty and the attempt was made to set her (victim) on fire, but, due to the intervention of people she any how managed to escape. The learned counsel for the petitioner, however, submits that the petitioner is ready to keep the victim-wife with full dignity.
Hence, having regard to the facts and circumstances of the case, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on provisional anticipatory bail for three months on furnishing
Patna High Court Cr.Misc. No.36438 of 2014 (2) dt.20-04-2015
2
bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with the Sitamarhi (Mahila) P.S. Case No. 6 of 2014 to the satisfaction of the Chief Judicial Magistrate, Sitamarhi , subject to the conditions laid down under Section 438(2) of the Criminal Procedure Code and that either the petitioner will keep the victim-wife with due dignity or if, for any reason, the victim-wife is not ready to live with the petitioner, then, the petitioner shall pay Rs.1200/per month as maintenance till higher maintenance is decided by a competent Court.
After three months, the Court below, on being satisfied that the petitioner is keeping his victim-wife with full dignity, shall confirm the provisional anticipatory bail.
(Gopal Prasad, J)
SA/-
U √ T √
2 issues framed by the court
Whether the petitioner is eligible for provisional anticipatory bail under Section 438 CrPC in a case involving dowry demand and cruelty.
Whether specific conditions regarding maintenance and dignified treatment of the wife must be imposed while granting anticipatory bail.
3 provisions across 3 enactments
Amanullah S/o Gulam Nabi
The State of Bihar
Tabassum Khatoon
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
