Allowed

Binod Kumar Upadhyay v. State Of Bihar and Anr.

Patna HC7 Oct 2015CR. MISC./47430/2015

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AI extract

What is this about?

The Patna High Court, in Criminal Miscellaneous No. 47430 of 2015, granted provisional anticipatory bail to the petitioner in a case under Sections 498A and 323 IPC for a period of one year. The release is subject to conditions including furnishing a bond and appearances, contingent upon the restoration of matrimonial harmony or the complainant's failure to appear.

What did the court decide?

Provisional anticipatory bail granted for one year on conditions including bond, appearance, and contingent confirmation based on matrimonial harmony restoration.

Binod Kumar Upadhyay Vs State Of Bihar and Anr. — Anticipatory Bail | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.47430 of 2015

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Arising Out of PS.Case No. -2248 Year- 2010 Thana -SARAN COMPLAINT CASE DistrictSARAN ====================================================== Binod Kumar Upadhyay .... .... Petitioner/s Versus State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Anil Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 07-10-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A and 323 of the Indian Penal Code.

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The basic accusation is of torture.

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Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 8 of the petition which reads as follows:-

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“ That at the outset, it will be relevant to mention here that the petitioner is husband of the complainant. He is ready to keep his wife with full honour and dignity..”

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Patna High Court Cr.Misc. No.47430 of 2015 (2) dt.07-10-2015

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2/2

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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 JM, 1^st Class, Chapra in connection with Complaint Case No. 2248 of 2010, 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 (iii) if the complainant gets reluctant to reconcile the issue.

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(Dinesh Kumar Singh, J)

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Amrendra/-

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U T

Binod Kumar Upadhyay v. State Of Bihar and Anr.

Case brief

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Binod Kumar Upadhyay v. State Of Bihar and Anr.

Case brief

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