The Patna High Court granted bail to a petitioner charged under sections 323, 498A, and 435/34 IPC. The petitioner, husband of the informant, was in custody since late March. The court ordered his release subject to custody conditions.
Petitioner released on bail by furnishing bond of Rs. 10,000 with two sureties of like amount each.
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.19718 of 2016
Arising Out of PS.Case No. -5 Year- 2016 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ====================================================== 1. Kapil Yadav S/o Ram Jatan Yadav Resident of village- Pachaura, Police Station- Harnaut, District- Nalanda .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Manoj Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 03-05-2016 Heard learned counsels for the petitioner and the State. The petitioner, being the husband of informant, is languishing in custody since 27.03.2016 in a case registered for the offences punishable under sections 323, 498A, 435/34 of the IPC.
The prosecution case is that informant got married with the petitioner 20 years ago and they blessed with a female child. It is alleged that the accused persons tortured the informant to the extent that she left her matrimonial house. It is further alleged that petitioner used to demand Rs. 3,00,000/- from the informant.
It is submitted by learned counsel for the petitioner that petitioner is still ready to keep the informant with full dignity and
Patna High Court Cr.Misc. No.19718 of 2016 (2) dt.03-05-2016
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honour.
Considering the nature of accusation, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Harnaut P.S. Case No. 05 of 2016.
(Dinesh Kumar Singh, J)
BKS/U T
2 issues framed by the court
Whether the petitioner charged under sections 323, 498A, and 435/34 IPC should be released on bail.
What conditions should be imposed for the grant of bail in a domestic violence case involving demands for money.
1 provisions across 1 enactments
Kapil Yadav
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
