In a matrimonial dispute involving Section 498A IPC allegations, the High Court granted provisional anticipatory bail for one year to the husband, subject to conditions including reconciliation or appearing before the court.
Provisional anticipatory bail granted for one year subject to conditions of appearance and matrimonial harmony.
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.36564 of 2015
Arising Out of PS.Case No. -2545 Year- 2013 Thana -SAMASTIPUR COMPLAINT CASE District- SAMASTIPUR
====================================================== Rajesh Kumar Raut, s/o Late Nepali Raut, resident of mohalla- Lal Darwaza near old police line, p.s.- Kotwali, District- Munger
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s : Mr. M.Haque(App)
====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 18-08-2015 Heard learned counsel for the petitioner and the
State.
The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code.
The basic accusation is of torture.
On instruction it is submitted by learned counsel for the petitioner that the petitioner is ready to keep the complainant as wife with full dignity and honour. Statement to that effect has been made in para9 of the petition which reads as follows:-
“That petitioner is ready to keep her wife with full dignity and honour and also filed case for restitution of conjugal right before family court, Munger bearing Matrimonial Case No. 13 of 2015.”
Patna High Court Cr.Misc. No.36564 of 2015 (2) dt.18-08-2015
2
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 his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Samastipur in connection with Complaint Case No. 2545 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Let the learned court below issue notice to the complainant on her appearance the petitioner will take the complainant to keep her as wife with full dignity and honour.
The provisional bail of the petitioner will be confirmed within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the complainant gets reluctant to reconcile the issue; and (iii) or if the complainant fails to appear before the learned court.
(Dinesh Kumar Singh, J)
P.K./-
U T
2 issues framed by the court
Whether the petitioner is entitled to provisional anticipatory bail in a dowry harassment complaint pending before the Lower Court.
Whether the petitioner's willingness to cohabit with his wife satisfies the conditions for bail.
2 provisions across 2 enactments
Rajesh Kumar Raut
State of Bihar
Ranju Devi
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
