This court granted bail to the petitioner in a case under Sections 498A and 323 IPC relating to dowry demands. The petitioner assured maintaining marital dignity despite the informant refusing to live together due to torture allegations.
Petitioner released on bail furnishing Rs.10,000 with two sureties to A.C.J.M., Nawadah for PS Case No.68 of 2015.
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Patna High Court Cr.Misc. No.15861 of 2016 (3) dt.25-04-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15861 of 2016 Arising Out of PS.Case No. -68 Year- 2015 Thana -MAHILA P.S. District- NAWADA ====================================================== Arvind Kumar Son of Ramadhin Yadav Resident of Village-Baliyari, P.S.Pakribarawan, District-Nawadah. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Duresh Nandan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 25-04-2016 Heard learned counsels for the petitioner and the State. The petitioner, being the husband of the informant, is languishing in jail since 23.12.2015 in a case registered under Sections 498A, 323, 341 and 307 of the Indian Penal Code.
The prosecution case, in short, is that the marriage of the informant was solemnized in the year 2010 with the petitioner. Thereafter, the petitioner started putting pressure upon the informant for bringing a motorcycle as dowry. The informant expressed the helplessness in fulfilling the dowry demand when she was tortured and assaulted.
It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant and is ready to keep her as wife with full dignity and honour. A statement to
Patna High Court Cr.Misc. No.15861 of 2016 (3) dt.25-04-2016
the aforesaid effect has been made in paragraph No.12 of the
petition which reads as follows:
“12. That the petitioner is ready to keep the informant
as wife with full dignity but she refused to live with him.”
It is submitted by learned counsel for the petitioner that the investigation has already been completed.
Considering the aforesaid facts, let the above named
petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Nawadah in connection with
Nawadah P.S. Case No.68 of 2015.
(Dinesh Kumar Singh, J)
V.P.Sinha/-
U T
2 issues framed by the court
Whether the petitioner, husband in a matrimonial dispute involving dowry allegations, is entitled to bail pending investigation.
Whether the assurance by the petitioner to maintain the marriage dignity warrants grant of bail.
1 provisions across 1 enactments
Arvind Kumar
State of Bihar
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
