The High Court at Patna denied anticipatory bail to the petitioner in a dowry case, directing him to surrender within six weeks to seek regular bail before the Magistrate.
Relief of anticipatory bail refused; petitioner directed to surrender within six weeks within the Court of the Subdivisional Judicial Magistrate, Katihar.
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.11681 of 2016
Arising Out of PS.Case No. -627 Year- 2014 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ====================================================== 1. Gajadhar Kumar Singh S/o late Mahanth Prasad Singh Resident of Village-Mil tola Naugachhai PS Naugachhia District Bhagalpur. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Amrita Bharti D/o Subodh Singh, W/o Gajadhar kumar Singh of Village- Belichiya, PS Dand, khora, District Katihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shambhu Sharan Singh For the Opposite Party/s : Mr. Anil Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 06-04-2016 The petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and 4 of the Dowry Prohibition Act.
The basic accusation is of torture for nonfulfilment of dowry demand.
It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the complainant and is ready to keep the complainant with full dignity and honour.
It is submitted by learned counsel for the complainant that petitioner was made accused in Okhla Industrial Area P.S. Case No. 649 of 2013 registered under
Patna High Court Cr.Misc. No.11681 of 2016 (3) dt.06-04-2016
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Sections 376/506 of the Indian Penal Code levelling accusation that petitioner ravished a girl at Delhi. Though the petitioner has been acquitted vide judgment dated 08.01.2016 passed by learned Additional Sessions Judge-Special, Fast Track Court, Saket Court, New Delhi since the victim girl retracted from initial accusation and suggested that she had consented relationship with the petitioner.
Considering the conduct of the petitioner, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.
Let learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Complaint Case No. 627 of 2014, pending in the Court of learned SubDivisional Judicial Magistrate, Katihar.
(Dinesh Kumar Singh, J)
Shageer/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest under Section 498A IPC.
Whether the petitioner is eligible for regular bail pending trial in the complaint case.
2 provisions across 2 enactments
Gajadhar Kumar Singh
The State of Bihar
Amrita Bharti
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
