Patna High Court granted pre-arrest bail to the petitioner in a matrimonial case involving offences under IPC and the Dowry Prohibition Act, requiring a bond and two sureties.
Bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount to the satisfaction of the S.D.J.M., Nalanda.
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.25328 of 2017
Arising Out of PS.Case No. -68 Year- 2017 Thana -MAHILA P.S. District- NALANDA
(BIHARSHARIFF)
======================================================
Dhanjeet Kumar @ Chhoti Kumar, son of Kapildeo Prasad, resident of Village- Jahanchak, P.S.- Ekangarsarai, District- Nalanda at present resident of Village- Maghra, P.S.- Deepnagar, District- Nalanda.
.... .... Petitioner
Versus
1. The State of Bihar.
.... .... Opposite Parties
====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Sinha, Advocate For the Opposite Party/s : Mr. Vinod Shankar Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 01-07-2017 Heard learned counsel for the petitioner and learned counsel for the complainant/opposite party no.2.
The petitioner seeks pre-arrest bail in connection with Mahila P.S. Case No. 68 of 2017 registered for the offences punishable under Sections 498-A, 323, 341, 504 and 506/34 of the Indian Penal Code as well as Sections 3 and 4 of the Dowry Prohibition Act.
Patna High Court Cr.Misc. No.25328 of 2017 (2) dt.01-07-2017
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Regard being had to the defence taken by the petitioner that the FIR has been instituted only after coming to know about filing of matrimonial divorce petition vide Matrimonial Divorce Case No.55 of 2017, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Nalanda at Biharsharif in connection with Mahila P.S. Case No. 68 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P. C., in the event of arrest or surrender within a period of six weeks from today.
(Ashwani Kumar Singh, J.)
Sanjeet/-
U T
1 issue framed by the court
Whether the petitioner is entitled to pre-arrest bail in connection with the Mahila P.S. Case No. 68 of 2017.
3 provisions across 3 enactments
Dhanjeet Kumar @ Chhoti Kumar
State of Bihar
Simpy Kumari
ASHWANI KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
