The Patna High Court released the petitioner on bail in a complaint case involving dowry torture and bigamy charges. Bail was granted subject to conditions and surrender within six weeks.
Released on bail subject to furnishing security and surrender within six weeks.
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.15520 of 2017 (3) dt.18-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15520 of 2017
Arising Out of PS.Case No. -452 Year- 2015 Thana -SIWAN COMPLAINT CASE District- SIWAN
====================================================== Jhagru Prasad @ Jhagru, Son of Dheber Bind, Resident of Village - Dudhara, Police Station Goriakothi, District - Siwan.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Sri Indra Kumar Singh
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
3 18-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Complaint Case No. 452 of 2015, registered under Section 323, 498(A), 406 and 494/34 of the Indian Penal Code.
The accusation is of torturing the complainantopposite party no. 2 by her husband and in-laws due to nonfulfillment of demand of dowry and also to remove from her matrimonial house. It is also alleged the petitioner, who is the wife of opposite party no. 2, went at Assam and performed his remarriage with another lady.
Learned counsel for the petitioner submits that, in fact,
Patna High Court Cr.Misc. No.15520 of 2017 (3) dt.18-08-2017
petitioner, who is the husband of the complainant-opposite party no. 2, is still ready to keep his wife-opposite party no. 2 with dull dignity and honour but in spite of registered notice sent by the Sessions Judge, Siwan, at the time of disposal of Anticipatory Bail Petition No. 711 of 2016, complainant-opposite party no. 2 did not turn up and in the present case, in spite of receiving the notice, she also could not turn up in the Court.
Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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, Siwan, in connection with Complaint Case No. 452 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
U T
1 issue framed by the court
Whether the petitioner is entitled to release on bail from custody apprehended under charges of dowry torture and alleged bigamy.
1 provisions across 1 enactments
Jhagru Prasad @ Jhagru
The State of Bihar
Jaya Devi
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
