CrPC bail application dismissed; petitioner sought release in IPC and Dowry Act case. High Court granted bail upon furnishing bonds and sureties.
Release on bail of ₹10,000 with two sureties of like amount each.
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.50274 of 2017
Arising Out of PS. Case No.-46 Year-2016 Thana- ALOULI District- Khagaria
======================================================
Madan Singh, son of Harkhit Singh, resident of village- Bindtoli Mohraghat Paras, Post - Mohraghat Paras, P.S.- Alauli, District- Alauli.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Poddar Suresh Gandhi For the Opposite Party/s : SMT. ANITA KUMARI ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted under Sections 147, 324, 341, 342, 498A, 354, 498 of the Indian Penal Code and ¾ of Dowry Prohibition Act.
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 is in custody since 7.4.2017 and 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 due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque
Patna High Court Cr.Misc. No.50274 of 2017(2) dt.17-10-2017 2/2
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 F.I.R.
Considering the aforesaid facts and circumstances, it is ordered that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Alauli P.S. case No.46 of 2016.
(Sudhir Singh, J)
Narendra/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail in a case involving matrimonial offences and dowry harassment allegations.
Whether the High Court should condone the delay or consider the bail application pending adjudication under the CrPC.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharReferred¶14
2006(3) PLJR 182
2 provisions across 2 enactments
Madan Singh
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
SUDHIR SINGH
Parties & counsel
