Allowed

Daya Shankar Yadav @ Pintu v. The State Of Bihar

Patna HC21 Apr 2016CR. MISC./17345/2016

Case brief

AI extract

What is this about?

The Patna High Court granted provisional anticipatory bail to the petitioner, husband of the informant, in a case involving offences under Section 498A IPC and Dowry Prohibition Act. The bail was conditioned on restoring matrimonial harmony and appearance by the informant.

What did the court decide?

Provisional anticipatory bail for one year granted subject to conditions including appearance by the informant and restoration of matrimonial harmony.

Daya Shankar Yadav @ Pintu Vs The State Of Bihar — Dowry and Cruelty | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17345 of 2016

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Arising Out of PS.Case No. -181 Year- 2015 Thana -MAHILA P.S. District- BHOJPUR

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====================================================== Daya Shankar Yadav @ Pintu, son of late Rameshwar Yadav .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Surj Bansh Roy, Advocate For the Opposite Party/s : Mr. Harendra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

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2 21-04-2016 Heard learned counsels for the petitioner and the State.

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The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

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The accusation is of torture for non-fulfillment of the dowry demand.

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On instruction, learned counsel for the petitioner submits that the petitioner admits his marriage with the informant and he is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 11 of the petition which reads as follows:-

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"…….that the petitioner is ready to keep the informant with due respect and full dignity as wife."

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Patna High Court Cr.Misc. No.17345 of 2016 (2) dt.21-04-2016

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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 CJM, Bjojpur at Ara in connection with Bhojpur Mahila P.S. Case No.181/2015, 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 informant for her appearance. On her appearance, the petitioner will take the informant 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 informant fails to appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue.

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(Dinesh Kumar Singh, J)

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Ashwini/-

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U T

Daya Shankar Yadav @ Pintu v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Daya Shankar Yadav @ Pintu v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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