The Patna High Court granted provisional anticipatory bail to Abdul Salam for four months in a case involving Section 498A and other offences, subject to maintenance payment and cooperation with the victim-wife.
Petitioner granted provisional anticipatory bail for four months, subject to maintenance payment and other 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.41633 of 2014
Arising Out of PS.Case No. -829 Year- 2010 Thana -COMPLAINT CASE District- SUPAUL ====================================================== 1. Abdul Salam @ Abdus Salam Son of Md. Soab Resident of Village - Bagheli, P.S.- Jadia, Distt – Supaul .... Petitioner Versus 1. The State of Bihar 2. Bibi Nasima Khatun Wife of Md. Abdus Salam Resident of Village - Bagheli, P.S.- Jadia, Distt – Supaul .... Opposite Parties ====================================================== Appearance : For the Petitioner : Mr. Dhananjay Kumar Tiwary, Adv. For the Opposite Parties : Mr. Arun Kumar Singh 5 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 20-03-2015 Heard the learned counsel for the petitioner and the State. This is a petition for grant of anticipatory bail for offence under Sections 341, 323, 147, 379, 307, 498A and 504/34 of the Penal Code.
The learned counsel for the petitioner submits that the petitioner is husband and is ready to keep the victim-wife with due 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 four months on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with the Complaint Case No. 829 of 2010 to the satisfaction of the Chief Judicial Magistrate, Supaul, subject to the conditions laid down under Section 438(2) of the Criminal Procedure Code and 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
Patna High Court Cr.Misc. No.41633 of 2014 (2) dt.20-03-2015 2/2
petitioner, then, the petitioner shall pay Rs. 1500/- per month as maintenance till and the lower Court after being satisfied that the condition is being fulfilled by the petitioner shall confirm the bail bond after four months.
(Gopal Prasad, J)
SA/-
U U T T
2 issues framed by the court
Whether the petitioner should be granted provisional anticipatory bail in connection with the alleged offences.
What conditions should be imposed for the grant of such bail.
1 provisions across 1 enactments
Abdul Salam
The State of Bihar
Bibi Nasima Khatun
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
