High Court of Patna granted anticipatory bail to Rajiv Singh in a 498(A) IPC complaint case alleging dowry harassment, conditioning release on a bond of Rs. 10,000 with two sureties in four weeks.
Enlargement on bail by furnishing Rs. 10,000 bond with two sureties of Rs. 10,000 each within four 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15597 of 2017
Arising Out of PS.Case No. -482 Year- 2016 Thana -BUXAR COMPLAINT CASE District-
BUXAR
====================================================== Rajiv Singh, Son of Kameshwar Singh, Resident of Village- Saketpur Colony, Ballia, P.O. and Police Station- Ballia, District- Ballia (U.P.).
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Rahul Nath, Adv. For the Opposite Party/s : Mr. Amit Kumar Rakesh, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
The petitioner apprehends his arrest in Complaint Case No. 482/2016, registered for the offences punishable under Section 498(A) of the Indian Penal Code.
The complainant alleged that the petitioner subjected her to physical and mental torture due to non-fulfillment of additional demand of dowry. The petitioner was asking for a Scorpio vehicle.
It is submitted that the entire allegation is false and concocted. The complainant came to the house of the petitioner after marriage in the year 2012. The complainant stayed in the
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house of the petitioner for a week and she left the house of the petitioner, but thereafter, she did not come even after several efforts made by the petitioner. She deserted the petitioner. The petitioner filed matrimonial case no. 290/2014 for dissolution of marriage on the ground of non-consummation of marriage and desertion. After two years, the wife of the petitioner filed the present complaint case.
Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 Sub-Divisional Judicial Magistrate, Buxar in connection with Complaint Case No. 482/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Jha, J.)
Vinita/U T
2 issues framed by the court
Whether the petitioner is eligible for anticipatory bail in a case alleging cruelty and dowry demand under Section 498(A) IPC?
What conditions must the petitioner satisfy to obtain bail in an anticipatory bail application?
2 provisions across 2 enactments
Rajiv Singh
State of Bihar
Rina Devi
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
