Allowed

Sanjeev Kumar Pandey @ Gudun Pandey @ Gudan Pandey v. State Of Bihar and Anr.

Patna HC25 May 2016CR. MISC./23270/2016

Case brief

AI extract

What is this about?

In a dowry harassment case under Sections 498A, 323 and 379 IPC, the High Court granted provisional anticipatory bail for six months to the petitioner wife-beating accused. Bail is conditional on matrimonial harmony restoration or failure of the complainant to appear, with confirmation likely in three specific eventualities.

What did the court decide?

Released on provisional anticipatory bail for six months upon furnishing bonds and two sureties, subject to conditions of harmony and complainant's appearance.

Sanjeev Kumar Pandey @ Gudun Pandey @ Gudan Pandey Vs State… — Dowry and Cruelty | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23270 of 2016

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Arising Out of PS.Case No. -2244 Year- 2006 Thana -SARAN COMPLAINT CASE DistrictSARAN ====================================================== Sanjeev Kumar Pandey @ Gudun Pandey @ Gudan Pandey, Son of Sudama Pandey Resident of Village- Sarya PS Maharajganj, District Siwan .... .... Petitioner Versus 1. The State of Bihar. 2. Pushpa Devi D/o Rakesh kr Pandey Resident of Gajiyapur PS Ekma District Chapra Saran. .... .... Opposite Parties ====================================================== Appearance : For the Petitioner : Mr. Ashok Kumar, Advocate. For the Opposite Parties : Mr. Ashraf Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

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2 25-05-2016 Heard learned counsel for the petitioner and the State. The petitioner being the husband of the complainant is

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apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498(A), 323 and 379 of the Indian Penal Code.

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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 complainant and he is ready to keep the complainant 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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Patna High Court Cr.Misc. No.23270 of 2016 (2) dt.25-05-2016

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2/2

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“11. That the petitioner is still ready to keep his wife.”

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Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for six months 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 the Learned Chief Judicial Magistrate, Saran (Chapra) in connection with Complaint Case No. 2244 of 2006 in TR No. 203 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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Let the learned court below issue notice to the complainant for her appearance. On her appearance, the petitioner will take the complainant 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 complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue.

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This application is, accordingly, disposed of.

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(Dinesh Kumar Singh, J.)

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KKSINHA/-

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U T

Sanjeev Kumar Pandey @ Gudun Pandey @ Gudan Pandey v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Sanjeev Kumar Pandey @ Gudun Pandey @ Gudan Pandey v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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