Allowed

Ranjan Kumar Nishad @ Ranjan Nishad v. State Of Bihar and Anr.

Patna HC15 Sept 2015CR. MISC./43783/2015

Case brief

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What is this about?

In an anticipatory bail application under Section 438 Cr.P.C. regarding charges under Section 498A IPC and Dowry Prohibition Act, the Patna High Court granted provisional bail for one year upon the petitioner's assurance to maintain the wife with dignity and honour.

What did the court decide?

Released on provisional anticipatory bail for one year on furnishing a bail bond of ₹10,000 with two sureties, subject to specific conditions regarding matrimonial harmony and notice to the complainan

Ranjan Kumar Nishad @ Ranjan Nishad Vs State Of Bihar and Anr. — Dowry and Cruelty | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43783 of 2015

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Arising Out of PS.Case No. -958 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA

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====================================================== Ranjan Kumar Nishad @ Ranjan Nishad Son of Raj Kumar Nishad, Resident of Mohalla - Belvanwa, Police Station - Town, District - Motihai, East Champaran.

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.... .... Petitioner/s

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Versus 1. The State of Bihar.

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Smt. Padmawati Daughter of Late Ghanshyam Mandal, Wife of Ranjan Nishad, Resident of Mohalla - Naya Gawan, Police Station - Alamganj, District -Patna.

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.... .... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Nikesh For the Opposite Party/s : Mr. M.Haque (App)

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====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

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2 15-09-2015 Heard learned counsels for the petitioner and the

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State.

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The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

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The accusation is of torture for non-fulfilment of the dowry demand.

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Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and is ready

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Patna High Court Cr.Misc. No.43783 of 2015 (2) dt.15-09-2015

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to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 9 of the petition which reads as follows:-

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“ That the petitioner is ready to keep the complainant with full dignity and honour.”

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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 arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna City in connection with Complaint Case No. 958 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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Let the learned court below issue notice to the complainant for her appearance. On her appearance, the petitioner will take the complainant to keep her as wife with full dignity and honour.

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The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or

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Patna High Court Cr.Misc. No.43783 of 2015 (2) dt.15-09-2015

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(iii) if the complainant gets reluctant to reconcile the issue.

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Amrendra/-
U T

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(Dinesh Kumar Singh, J)

Ranjan Kumar Nishad @ Ranjan Nishad v. State Of Bihar and Anr.

Case brief

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Ranjan Kumar Nishad @ Ranjan Nishad v. State Of Bihar and Anr.

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