The Patna High Court granted anticipatory bail to the petitioner in connection with a criminal case involving IPC and Dowry Prohibition Act sections. Bail was contingent upon a bond and monthly maintenance deposits.
Granted anticipatory bail on furnishing a bond of Rs.5,000/- with two sureties and conditionally on monthly maintenance deposits.
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.
Patna High Court Cr.Misc. No.25772 of 2016 (6) dt.24-10-2016
1
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25772 of 2016
Arising Out of PS.Case No. -4 Year- 2016 Thana -MAHILA PS DistrictEASTCHAMPARAN(MOTIHARI)
| ============================== Saiyad Sahnawaz son of Mir Sanaullah, + P.S.- Dhaka, District- East Champaran. Versus The State of Bihar ============================== Appearance : For the Petitioner/s : Mr. Ansu Mr. Pravi For the Opposite Party/s : Mr. Sri A ============================== CORAM: HONOURABLE MR. PRATAP SINGH ORAL ORDER |
========== Resident of V .... .... .... .... ========== l, Advocate n Kumar kshay Lal Pan ========== JUSTICE |
============== illage- Barewa, P.O. Petitioner Opposite Party ============== dit ============== SAMARENDRA |
|---|---|---|
| 6 24-10-2016 The petitioner apprehends |
his arrest | in a case under |
| Sections 341, 323, 504, 494, 498A | /34 of the | Indian Penal Code |
| and section ¾ of the Dowry Prohibi | tion Act. |
The petitioner is the husband of the informant Yasmin Khatoon. Learned counsel for the informant submits that the informant is willing to live with her husband.
The petitioner submits that the allegation of harassment and assault are not correct and no injury report has been brought on record. He further submits that he is willing to pay a sum of Rs.1,500/- per month as maintenance to the informant.
As all efforts to bring the husband and the wife together failed, this case has been heard on merit.
Learned counsel for the informant very fairly submits that the petitioner should enhance the maintenance amount offered by
Patna High Court Cr.Misc. No.25772 of 2016 (6) dt.24-10-2016
2
him.
Having regard to the facts and circumstances of the case and in the interest of justice, in the event of arrest/ surrender, the petitioner, namely, Saiyad Sahnawaz, is directed to be released on anticipatory bail, in connection with Mahila P.S. Case No.4 of 2016, on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of the S.D.J.M. Sikrahna at Dhaka, East Champaran subject to the following conditions:
(i) The petitioner would deposit a sum of Rs.2,000/- per month in the informant’s Bank account by the 10th of the following month, subject to the maintenance fixed by the Court below in an appropriate proceeding. In order to facilitate the payment of the amount, the informant would open a Bank Account, if she does not have any existing account, and would furnish the account number to the petitioner in the learned court below.
(ii) In case the petitioner fails to deposit a sum of Rs.2,000/per month in the informant’s Bank account for two consecutive months, the learned court below would take steps for cancellation of his bail.
(Samarendra Pratap Singh, J)
KHAN/U T
3 issues framed by the court
Whether to grant anticipatory bail to the petitioner in a case involving IPC offences and the Dowry Prohibition Act.
Whether to impose maintenance conditions as a condition for anticipatory bail.
Whether to direct the release of the petitioner on bail subject to specific monetary conditions.
6 provisions across 2 enactments
Saiyad Sahnawaz
The State of Bihar
SAMARENDRA PRATAP SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
