In a criminal miscellaneous matter, the Patna High Court granted anticipatory bail to the petitioner, husband, in a case alleging domestic violence and cruelty. The court ordered surrender within six weeks.
Anticipatory bail allowed subject to surrender within six weeks and other standard conditions.
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.30546 of 2017
Arising Out of PS.Case No. -287 Year- 2016 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI)
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Dhurendra Kumar, Advocate For the Opposite Party/s : Mr. Smt. Reena Sinha, APP Mr. Sangeet Deokuliar, Advocate
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
6/ 07-09-2017 Heard learned counsel for the petitioner and learned
APP for the State as well as counsel for the Opposite Party No.2.
Counter Affidavit has been filed on behalf of the Opposite Party No.2. Let it be kept with record.
Petitioner apprehends his arrest in Dhaka P.S. Case No.287 of 2016 instituted for the offence under Section(s) 498-A, 323, 504, 406, 307, 379 Indian Penal Code and Section ¾ of the Dowry Prohibition Act.
Petitioner is husband of the informant-Opposite Party No.2. It has been submitted that the petitioner is ready to keep the wife with full dignity and care.
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Counsel for the Opposite Party No.2 has submitted that for the reasons mentioned in the Counter Affidavit filed today in Court, the wife-Opposite Party No.2 does not want to live with the petitioner.
Counsel for the petitioner has, however, denied the facts mentioned in Counter Affidavit. Counsel for the petitioner has further submitted that in the mediation also the petitioner was ready to keep the informant, but she did not become ready to live with him.
In the facts and circumstances of the case, 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 Dhaka P.S. Case No.287 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 Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran at Motiahri, 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
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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.
(Sanjay Priya, J)
JA/-
U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest in a domestic violence case.
Whether to allow surrender conditions for anticipatory bail.
2 provisions across 1 enactments
Mukesh Kumar @ Mukesh Kumar Sah @ Mukesh Sah
The State of Bihar
Sangita Kumari
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
