Gopal Sah v. State Of Bihar and Anr.
Case brief
What is this about?
The Patna High Court granted the petitioner provisional bail for six months in a Section 498A criminal complaint. The order conditioned release on a bail bond and undertakings to allow the complainant to enjoy her share of matrimonial property, subject to verification by the lower court.
What did the court decide?
Release of the petitioner on provisional bail for six months upon furnishing a bond of Rs. 10,000 with sureties and an undertaking regarding property rights.
What the court decided
A compact analysis
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.19768 of 2016
Arising Out of PS.Case No. -352 Year- 2014 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ====================================================== 1. Gopal Sah Son of Yogendra Sah Resident of village - Lagma, P.S. Dumra, District - Sitamarhi .... .... Petitioner/s Versus 1. The State of Bihar 2. Sheela Devi Wife of Gopal Sah and daughter of Late Jagdish Sah Resident of village - Lagma, P.S. Dumra, District - Sitamarhi Presently residing at village Raipur, P.S. Nanpur, District - Sitamarhi
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. S.D. Singh Yadav (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 16-05-2016 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 18.12.2015 in a complaint case filed with accusation under Section 498A of the Indian Penal Code. The basic accusation is of torture after fifteen years of marriage.
It is submitted by the learned counsel for the petitioner that since there was no issue from the complainant, the petitioner performed second marriage and the petitioner is ready to keep the complainant as wife with full dignity and
Patna High Court Cr.Misc. No.19768 of 2016 (2) dt.16-05-2016
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honour. Statement to that effect has been made in paragraph 17 of the petition which reads as follows:
Issues for consideration
2 issues framed by the court
Whether the petitioner, facing allegations of torture under Section 498A IPC, is eligible for provisional bail with affirmative undertakings to settle matrimonial disputes.
Whether granting provisional bail requires the court to ensure the complainant's share of property is secured.
Parties & counsel
- petitioner
GOPAL SAH
- respondent
THE STATE OF BIHAR
- respondent
SHEELA DEVI
Coram
Case details
As recorded by the court registry
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