In a criminal miscellaneous application arising from a 498A torture case, the High Court, finding marital disputes resolved, granted anticipatory bail subject to a 12-week surrender window and a bail bond with sureties.
Anticipatory bail granted upon surrender within 12 weeks of the order date and furnishing a bond of Rs. 10,000 with two sureties.
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.4792 of 2016
Arising Out of PS.Case No. -246 Year- 2015 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ====================================================== 1. Dilip Prasad Son of Hulas Mahto, resident of Village Harnarayanpur, P.S. Govindpur District Nawada. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Tunni Devi wife of Dilip Prasad, D/o Shyamjeet Prasad, resident of Village Harnarayanpur, P.S. Govindpur District Nawada, at present residing at Village Vishanpur, P.S. Govindpur, District- Nawada. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Durgesh Nandan For the Opposite Party/s : Mr. S.D.Singh Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 18-04-2016 Petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code. The basic accusation is of torture. On submission on behalf of the petitioner that petitioner admits his marriage with the complainant and ready to keep the complainant with dignity and honour, on the joint prayer of the parties, the matter was referred to the Mediation & Conciliation Centre of the State Legal Services Authority vide order dated 08.02.2016. Though the report of the Mediator has not
Patna High Court Cr.Misc. No.4792 of 2016 (3) dt.18-04-2016
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been received, but it is submitted by learned counsel for the petitioner that the issue has been resolved between the parties and both, the petitioner and the complainant are residing together. The aforesaid submission of the learned counsel for the petitioner is not controverted by Mrs. Kiran Singh, learned counsel appearing on behalf of the complainant/O.P. No. 2, though no affidavit to that effect has been filed.
Considering the submissions of the counsels for both the sides that the matter has been resolved and petitioner and the complainant are residing together, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada in connection with Complaint Case No. 246/2015/5865/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J)
Shageer/-
U T
2 issues framed by the court
Whether petitioner is entitled to anticipatory bail despite pending mediation report?
What conditions should be laid down for issuance of anticipatory bail?
2 provisions across 2 enactments
DILIP PRASAD
THE STATE OF BIHAR
TUNNI DEVI
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
