The High Court of Patna, in an oral order, granted bail to the petitioner in a case involving offences under the Indian Penal Code, including dowry-related charges, upon furnishing a bail bond with two sureties.
The petitioner be released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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.51626 of 2017
Arising Out of PS.Case No. -40 Year- 1999 Thana -KHUSRUPUR District- PATNA
====================================================== 1. Mahavir Chaurasiya S/o Shiv Narayan Chaurasiya, R/o VillageBanauliya, P.S.- Biharsharif, District- Nalanda.
.... .... Petitioner Versus 1. The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 09-11-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case instituted under Sections 498(A), 494, 307/34 of the Indian Penal Code.
The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the demand of dowry.
It has been submitted on behalf of the petitioner that the petitioner has surrendered in the court below on 23.06.2017. Earlier he was granted bail but the same was cancelled due to misuse of privilege of bail as he could not make proper pairvi before the court below on the date fixed by the court below. It is further submitted that the petitioner had gone outside the state for
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his livelihood hence he had no knowledge regarding the cancellation of his bail. When the petitioner learnt about the cancellation of his bail, he immediately surrendered in the court below and since then he is in custody. It is submitted that the wife of the petitioner has already performed the second marriage.
On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Patna City, Patna, in connection with S.T. No.272(A)/2000, arising out of Khusrupur P.S. Case No.40/1999.
(Sudhir Singh, J)
Amit/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail considering his application for relief from custody under Section 438 CrPC.
1 provisions across 1 enactments
Mahavir Chaurasiya
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
