TheHigh Court granted bail to the petitioner, father-in-law of the victim in a dowry-related case involving torture allegations and suicide attempt, directing him to furnish a bond of Rs. 10,000 with two sureties of the same amount.
Petitioner enlarged on bail on furnishing bond of Rs. 10,000 with two sureties of the 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.12493 of 2017
Arising Out of PS.Case No. -285 Year- 2016 Thana -GAYA MUFFSIL District- GAYA
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Harkho Mahto @ Harkhoo Mahto, Son of Late Shanker Mahto, Resident of Village- Budhgere, Police Station- Mufassil, District- Gaya.
.... .... Petitioner
The State of Bihar
Versus .... .... Opposite Party
====================================================== Appearance : For the Petitioner : Mr. Kumar Dhirendra Pratap Singh, Advocate. For the Opposite Party : Mr. Gopesh Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 08-04-2017 Heard both sides.
The petitioner seeks bail in Mufassil P.S. Case No. 285 of 2016, registered for the offences punishable under Sections 498A, 328, 307 and other Sections of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act.
Anjali Kumari the informant alleged that she was married with Pintu Kumar in the year 2014, but her husband and other in-laws started torturing her. The informant alleged that her husband and other in-laws caught her and her husband put some obnoxious substance in her mouth and she became unconscious.
Learned counsel for the petitioner submits that the petitioner is father-in-law of the informant. The informant, herself, consumed Phenyl and she does not want to live with her husband.
Patna High Court Cr.Misc. No.12493 of 2017 (3) dt.08-04-2017
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The informant was brought to hospital from where the doctor found smell of Phenyl coming out from her mouth. The petitioner brought the informant to hospital and informed her father and other relatives.
On the other hand learned counsel for the informant as well as the learned APP vehemently opposed the prayer for bail.
Having considered the facts and nature of allegations made against the petitioner and the fact that the petitioner being father-in-law of the informant is in jail since 14.11.2016, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in Mufassil P.S. Case No. 285 of 2016.
(Prabhat Kumar Jha, J.)
KKSINHA/-
U T
2 issues framed by the court
Whether the petitioner can be enlarged on bail in a case involving offences under 498A IPC and Dowry Prohibition Act.
Whether the amount and nature of sureties required for bail are satisfied.
2 provisions across 2 enactments
Harkho Mahto
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
