The High Court at Patna granted provisional anticipatory bail to a petitioner husband facing charges under sections 498A and 323 IPC for alleged dowry harassment, pending confirmation by the lower court within one year.
Provisional anticipatory bail granted for one year pending restoration of matrimonial harmony or if the informant relents.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19306 of 2016
Arising Out of PS.Case No. -20 Year- 2013 Thana -MAHILA P.S. District- LAKHISARAI ====================================================== 1. Chandan Yadav Son of late Suresh Yadav@Naga Pahalban Resident of Mohalla- Laldarwaza, Munger P.S Kotwali District Munger. .... .... Petitioner/s Versus 1. The State of Bihar 2. Anamika Devi Wife of Chandan Yadav and daughter of Pawan Prasad Singh resident of Village Khagaur, P.O . Kiul R.M.S. P.S Lakhisarai, District Lakhisarai. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Indu Bhushan For the Opposite Party/s : Mr. Sucheta Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 02-05-2016 Heard learned counsels for the petitioner and the State. The petitioner being husband of the informant is apprehending arrest in a case filed under sections 498A, 323, 504, 34 of the Indian Penal Code and ¾ of the Dowry Prohibition Act. The basic accusation is of torture for non-fulfillment of dowry demands. Learned counsel for the petitioner submits that the petitioner admits his marriage with the informant, and he is ready to keep his wife with dignity and honour. Statement to that effect has been made in paragraph no.9 of the petition.
Let the learned court below issue notice to the
Patna High Court Cr.Misc. No.19306 of 2016 (2) dt.02-05-2016
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informant and on her appearance the petitioner will take the complainant to keep her as wife with full dignity and honour.
Considering the present stand of the petitioner, let the 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 bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
The provisional anticipatory 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; or (ii) if the informant gets reluctant to reconcile the issue; or (iii) if the informant fails to appear before the learned court below.
(Dinesh Kumar Singh, J)
B.K.Roy/-
U
2 issues framed by the court
Whether the petitioner is entitled to provisional anticipatory bail in the event of arrest in a matrimonial criminal case.
Whether conditions must be imposed on the grant of provisional anticipatory bail in cases of alleged dowry harassment.
1 provisions across 1 enactments
Chandan Yadav
The State of Bihar
Anamika Devi
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
