Petition seeking bail in 498A IPC dowry harassment case dismissed. Court released petitioner on bail of Rs. 10,000 with two sureties, conditioned on attendance and compliance with terms.
Release on bail with Rs.10,000 bond and two sureties; conditions for attendance and compliance enforced.
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.24013 of 2017 (3) dt.04-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24013 of 2017
Arising Out of PS.Case No. -65 Year- 2016 Thana -MAHILA P.S. District- MUZAFFARPUR
====================================================== Sabhajeet Kumar @ Sunni Son of Shri Kaushal Kishore Singh Resident of Sulakshi Bhawan, North Mandiri, Police Station- Buddha Colony in the town and district of Patna. .... .... Petitioner
Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Singh For the Opposite Party/s : Mr. Smt. Veena Rani Prasadd.
====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
Heard learned counsel for the petitioner and learned counsel representing the State.
3 04-07-2017
The petitioner seeks bail in connection with Muzaffarpur Mahila P.S. Case No. 65 of 2016 registered for the offences punishable under Section 498A of the Indian Penal Code and Sections ¾ of Dowry Prohibition Act.
Allegedly, the petitioner being the husband of the informant started torturing and assaulting her for not fulfilling the demand of dowry by way of Rs. 2 Lakh cash and land of her share, due to nonfulfillment ousted her from the in-laws house.
Submission is of false implication and that the petitioner was granted anticipatory bail but as the informant did not go with the petitioner and filed petition for cancellation of bail, the bail bond was cancelled and resulting, the petitioner is suffering in custody since
Patna High Court Cr.Misc. No.24013 of 2017 (3) dt.04-07-2017
09.02.2017. The petitioner was ready to keep the informant as his wife but she is not ready to live with the petitioner.
Learned APP duly assisted by learned counsel for the informant opposes the prayer of bail by submitting that the petitioner did not obey the terms of affidavit sworn at the time of hearing of anticipatory bail application and he is not ready to keep her.
In the facts and circumstances stated above, considering the period of detention, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, East Muzaffarpur in connection with Mahila P.S. Case No. 65 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
avin/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case under Section 498A IPC and Dowry Prohibition Act.
Sabhajeet Kumar
The State of Bihar
Deepika Kumari
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
