High Court granted petitioner provisional anticipatory bail for one year in a Section 498A complaint case, subject to funds, sureties, and court conditions for harmony restoration.
Released on provisional anticipatory bail for one year on furnishing Rs. 10,000 bond with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49845 of 2015
Arising Out of PS.Case No. -2560 Year- 2014 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ====================================================== 1. Sanjiv Ram S/o Jalim Ram R/o Village- Panan Mahuawa- P.S.- Kateya, Dist.- Gopalganj .... .... Petitioner/s Versus 1. The State of Bihar. 2. Kamlawati Devi D/o Sri Shama Prasad R/o village- Guar Kothi Khash P.S.- Rampur Karkhana, District- Dewaria (U.P.) .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Harendra Prasad, Advocate For the Opposite Party/s : Mr. Dr. Ajeet Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 29-10-2015 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. It is submitted by learned counsel for the petitioner that the petitioner admits the marriage with the complainant and he is ready to keep the complainant as wife with full dignity and honour. Statement to that effect has been made in para- 10 of the petition which reads as follows:- “That it is not out of place to
Patna High Court Cr.Misc. No.49845 of 2015 (2) dt.29-10-2015
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mention here that the petitioner is willing to restore the harmony with the complainant as he is willing to keep the wife/complainant with full human dignity.”
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 Mr. R.K. Pandey, J.M., Gopalganj in connection with Complaint Case No. 2560 of 2014, 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
1 issue framed by the court
Whether the petitioner ought to be granted provisional anticipatory bail pending_BGR and subsequent confirmation under Section 438 CrPC in a 498A IPC case.
2 provisions across 2 enactments
Sanjiv Ram
The State of Bihar
Kamlawati Devi
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
