Single Judge order granting bail to the petitioner in a dowry harassment case. If arrested or surrenders within four weeks, petitioner may be released on bond and two sureties.
Petitioner granted bail; to surrender or arrest within four weeks and furnish bond of Rs.10,000/- with two like sureties.
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.19777 of 2017
Arising Out of PS.Case No. -232 Year- 2016 Thana -BUXAR COMPLAINT CASE District-
BUXAR
====================================================== Devanand Soni, S/o Birendra Seth, resident of Village- Saisar, Police Station- Dinara, District- Rohtas.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rang Nath Choubey For the Opposite Party/s : Mr. Dr. Rabindra Kumar
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
3 08-08-2017 Heard the parties.
The petitioner is apprehending his arrest in Complaint Case No.232(c) of 2016 registered for the offence under Section 498(A) of the I.P.C. and Section 4 of D.P.Act.
Accusation of the complainant is of torturing her by her husband and other in-laws due to non-fulfillment of demand of motor cycle, T.V. and cash of Rs/2,00,000/- as dowry and also ousted her from her matrimonial house after snatching her belongings.
Learned counsel for the petitioner submits that, in fact,
Patna High Court Cr.Misc. No.19777 of 2017 (3) dt.08-08-2017
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the petitioner is ready to keep his wife complainant with full dignity and honour but she is not ready to live with the petitioner which has also come in the order dated 11.04.2017 passed in A.B.P.No.201 of 2017 by the learned Sessions Judge, Buxar, rejecting the prayer of the anticipatory bail of the petitioner. Further submission is that notice issued to her was received by her personally but she did not turned up.
Having considered the facts and circumstances of the case, let the petitioner, in the event of his arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M., Buxar, in Complaint Case No.232 (C ) of 2016 subject to the conditions as laid down under Section 438(2) of Cr.P.C.
(Rajendra Kumar Mishra, J)
AnilKrSinha/-
U T
1 issue framed by the court
Whether to grant bail to the petitioner charged with offences under Section 498A IPC and Section 4 D.P. Act.
3 provisions across 3 enactments
Devanand Soni
The State of Bihar
Gita Devi
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
