This oral order from the Patna High Court grants bail to the petitioner, who feared arrest in a dowry harassment case. The court allows bail upon furnishing a bond with two sureties within six weeks, subject to standard conditions.
Release of the petitioner on bail by furnishing a bond of Rs. 10,000 with two sureties 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.
Patna High Court Cr.Misc. No.46444 of 2016 (4) dt.16-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46444 of 2016
Arising Out of PS.Case No. -2174 Year- 2015 Thana -VAISALI COMPLAINT CASE District-
VAISHALI(HAJIPUR)
======================================================
Manoj Das, son of Late Budhan Das, resident of Village- Darba, P.S.Tajpur, District- Samastipur.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Surya Narayan Roy For the Opposite Party/s : Mr. Sri Akhileshwar Dayal
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
4 16-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Complaint Case No. 2174 of 2015, registered under Section 498(A) of the Indian Penal Code.
The accusation is of torturing the complainantopposite party no. 2 by her husband and in-laws due to nonfulfillment of demand of dowry and also to remove from her matrimonial house along with her child.
Learned counsel for the petitioner submits that petitioner, who is the husband of complainant-opposite party no.
Patna High Court Cr.Misc. No.46444 of 2016 (4) dt.16-08-2017
2, is still ready to keep his wife-opposite party no. 2 with full dignity and honour but she is not ready to live with the petitioner. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Complaint Case No. 2174 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
U T
1 issue framed by the court
Whether the petitioner be granted bail to avoid arrest in a complaint case under Section 498A IPC regarding allegations of dowry harassment.
2 provisions across 2 enactments
Manoj Das
The State of Bihar
Sumitra Devi
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
