Allowed

Lal Bahadur Sharma v. State Of Bihar and Anr.

Patna HC17 Jul 2017CR. MISC./16001/2017

Case brief

AI extract

What is this about?

Hon'ble Supreme Court granted anticipatory bail to the petitioner apprehending arrest in a case under Sections 498-A IPC and Section 4 of the Dowry Prohibition Act. The court noted the wife's unwillingness to live with the husband and allowed bail subject to surrender within six weeks and other conditions.

What did the court decide?

Grant of anticipatory bail subject to surrender within six weeks and furnishing a bond of 10,000 with two sureties.

Lal Bahadur Sharma Vs State Of Bihar and Anr. — Domestic Violence | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16001 of 2017

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Arising Out of PS.Case No. -311 Year- 2016 Thana -BUXAR COMPLAINT CASE DistrictBUXAR

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====================================================== 1. Lal Bahadur Sharma, son of Vijay Sharma, resident of village- Pithari, P.S.- Rajpur, District- Buxar.

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.... .... Petitioner/s

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Versus

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The State of Bihar.

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Meena Devi, W/o Lal Bahadur Sharma, D/o Mohan Sharma, resident of village- Pithari, P.S.- Rajpur, District- Buxar, At present of VillageKaithar Khurd, P.S.- Dhansoi, District- Buxar.

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.... .... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ramakant Yadav, Advocate For the Opposite Party/s : Mr. Sri Mustaque Alam, APP Mr. Arun Kumar Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER

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4/ 17-07-2017 Heard learned counsel for the Petitioner and the

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State.

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The Petitioner apprehends his arrest in Complaint Case No.311-C of 2016 instituted for the offence under Section(s) 498-A Indian Penal Code and Section 4 of the Dowry Prohibition Act.

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Petitioner is husband of the complainant.

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Complainant is present in the Court along with her

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father.

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Petitioner has stated that he is ready to keep the wife with full care and dignity. He has further submitted to take the wife for one month. He will not misbehave with her.

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Patna High Court Cr.Misc. No.16001 of 2017 (4) dt.17-07-2017

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2/3

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Wife is not ready to go with the husband. It is said that she has been tortured earlier by the husband. Father of the wife has also stated that if she is not ready to go, he cannot pressurize her.

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Considering the fact that the wife does not want to live with husband, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Complaint Case No.311-C of 2016, he shall be released on anticipatory bail on furnishing bail bond of ` 10,000/(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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Patna High Court Cr.Misc. No.16001 of 2017 (4) dt.17-07-2017

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3/3

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The wife is at liberty to file appropriate application

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before the appropriate Court for grant of maintenance.

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If such an application has already been filed, the Court concerned will dispose of the aforesaid petition expeditiously.

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(Sanjay Priya, J)

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JA/-

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U T

Lal Bahadur Sharma v. State Of Bihar and Anr.

Case brief

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Lal Bahadur Sharma v. State Of Bihar and Anr.

Case brief

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