This single-judge bench granted anticipatory bail to the petitioner in a dowry torture case pending registration of charge sheet. Bail bonds of Rs.10,000 with two sureties were directed.
Anticipatory bail released on furnishing Rs.10,000 with two sureties of like amount upon surrender within six weeks.
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.33749 of 2017
Arising Out of PS.Case No. -1010 Year- 2015 Thana -BUXAR COMPLAINT CASE DistrictBUXAR
====================================================== 1. Rajeshwari Devi wife of Bacha Muni Gond, Resident of VillageGaighat, P.S.- Simari, District- Buxar.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Ritesh Kumar Narain Singh, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 20-07-2017 Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner is apprehending his arrest in a case registered under Section 498(A) of the Indian Penal Code.
Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. The petitioner is the mother-in-law of
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the victim. She is separate in mess and property from the husband of the victim. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.
On behalf of the State, it is submitted that the petitioner is named in the complaint case.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Buxar in connection with Complaint case No.1010C of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail pending arrest in a Section 498A IPC case.
1 provisions across 1 enactments
RAJESHWARI DEVI
LAXMINA DEVI
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
