The Patna High Court granted bail to the petitioner, who was in jail custody in a Section 498A case. The court noted the petitioner's wife alleged he had solemnized a second marriage and cited submissions that she did not wish to lead conjugal life.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of like amount each.
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.41478 of 2015
Arising Out of PS.Case No. -85 Year- 2013 Thana -GAYA COMPLAINT CASE District- GAYA ====================================================== 1. Shiv Shankar Das son of Leela Das, Resident of village- Ghorwadih, Police Station- Dobhi District- Gaya. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Tarawati Devi, W/o Shivshankar Das, D/o Umesh Das, R/o VillGhorwadih, P.S- Dobhi, Dist- Gaya. At Present Vill.- Binda, P.S.Barachatti, Dist- Gaya .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Ansarul Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 16-09-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State as also heard learned counsel, appearing for the complainant. Petitioner happens to be husband of the complainant and is languishing in jail custody since 15-06-2015 in a case in which, prima facie case for the offence, punishable under Section498A of the Indian Penal Code has been found. Though there is allegation of illegal demand and torture but submission on behalf of the petitioner is that the complainant herself does not want to lead her conjugal life with the petitioner and as a matter of fact, she used to pressurize the petitioner to part his ways from his
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parents and when the petitioner refused the aforesaid proposal of the complainant, the complainant instituted the present case.
Learned counsel, appearing for the complainant submits that the complainant is mother of one child and as a matter of fact, the petitioner has already solemnized his second marriage with an another woman.
Considering the above-said submission as well as facts and circumstances of the case, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/(ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 85 of 2013 to the satisfaction of learned Sub Divisional Judicial Magistrate, Sherghati, Gaya.
(Hemant Kumar Srivastava, J)
A.K.V./U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case pending for offence under Section 498A IPC given allegations of second marriage and grounds stated by the wife.
1 provisions across 1 enactments
Shiv Shankar Das
The State of Bihar
Tarawati Devi
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
