In this bail matter arising from a dowry harassment case, the High Court directed the lower court to consider a regular bail application if the petitioner surrenders within six weeks, noting his unwillingness to reconcile.
Directed the learned court below to consider the prayer for regular bail if the petitioner surrenders within six weeks.
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.5928 of 2015
| Arising Out of PS.Case No. -276 Year- 2014 Thana -SAHPUR District- BHOJPUR |
|---|
| ====================================================== Ashok Paswan Son of Lakshman Paswan Resident of vill-Abatana, P.S- Shahpur, Distt-Bhojpur,Ara .... .... Petitioner/s Versus 1. The State of Bihar 2. Raj Kumari Devi W/o Ashok Paswan, D/O-Satya Narayan Paswan Resident of vill-Tikthi,P.S-Shahpur,Distt-Bhojpur,Ara .... .... Opposite Party/s ====================================================== |
Appearance : For the Petitioner/s : Mr. Madan Jeet Kumar For the Opposite Party/s : Mr. Madan Kumar (App) ====================================================== |
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER |
| 07/ 18-08-2015 Heard learned counsels for the petitioner |
| and the State. |
| The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A of the Indian Penal Code and 3/4 of Dowry Prohibition Act. The basic accusation is of torture for non- fulfillment of the dowry demand. |
| The petitioner and the informant are |
| present. It is submitted by learned counsel for the |
| petitioner is not ready to reconcile the issue since the informant |
Patna High Court Cr.Misc. No.5928 of 2015 (07) dt.18-08-2015
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eloped with Nirmal Paswan, the brother-in-law of the informant.
The counsel for the informant denies the contention of learned counsel for the petitioner and submits that she is ready to resume the conjugal life.
Considering the fact that the marriage between the petitioner and the informant is admitted and the present stand of the petitioner, let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Shahpur P.S. Case No. 276 of 2014 pending in the court of learned Chief Judicial Magistrate, Bhojpur at Ara.
With the aforesaid observation, this
application is disposed of.
(Dinesh Kumar Singh, J)
DKS/-
U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail on condition of surrender within six weeks.
Whether the petitioner's apprehension of arrest justifies a conditional bail order.
2 provisions across 2 enactments
Ashok Paswan
The State of Bihar
Raj Kumari Devi
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
