In Cr.Misc. No.12550 of 2017, the Patna High Court granted bail to the petitioner, a husband charged under Sections 498A and 494 IPC, who alleged his wife left the joint family. The court noted his willingness to reconcile and release him on bail.
Enlarged on bail by furnishing a 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.
Patna High Court Cr.Misc. No.12550 of 2017 (2) dt.28-03-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12550 of 2017
Arising Out of PS.Case No. -119 Year- 2016 Thana -RAGHUNATHPUR District- SIWAN
====================================================== Md. Mumtaz Son of Sikandar Mastan @ Sikandar Mian Resident of Village-Santhi, P.s. Raghunathpur District Siwan.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Mishra, Adv. For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
The petitioner seeks bail in Raghunathpur P.S. Case No. 119/2016, registered for the offences punishable under Sections 498A, 494 and other sections of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is the husband of the informant. The informant/wife of the petitioner left the house leaving two minor children and thereafter, the petitioner kept a lady to look after the minor children. The petitioner is still ready to keep his wife. The petitioner is in jail since 09.11.2016.
On the other hand, learned counsel for the informant as well as learned A.P.P. vehemently opposed the prayer for bail of
Patna High Court Cr.Misc. No.12550 of 2017 (2) dt.28-03-2017
the petitioner and submitted that the informant made specific allegation that the petitioner assaulted her and drove her out from the house and that is why the informant is living in her parent’s house.
It is submitted that the petitioner is ready to live with her wife or for one time settlement.
Considering the facts aforesaid and the fact that petitioner who is willing to keep his wife, is in jail for about five months, 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 Additional Chief Judicial Magistrate VIII, Siwan in connection with Raghunathpur P.S. Case No. 119/2016.
(Prabhat Kumar Jha, J.)
Vinita/U T
1 issue framed by the court
Whether the petitioner is eligible for bail in a case involving Sections 498A and 494 IPC.
1 provisions across 1 enactments
Md. Mumtaz Son of Sikandar Mastan
The State of Bihar
Amna Khatoon
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
