This court granted bail to the petitioner in a case involving allegations of dowry harassment under Section 498A IPC, directing release on furnishing a bond with two sureties.
Petitioner directed to be released on bail on furnishing bond of Rs.10,000 with two sureties.
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.55078 of 2017
Arising Out of PS. Case No.-599 Year-2014 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran
======================================================
Sanjur Alam Ansari Son of Islam Ansari, R/o Village- Bhela Chapra, P.S.Turkaulia, District- East Champaran.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 23-11-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted under Section 498A of the Indian Penal Code 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 29.08.2017 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
Patna High Court Cr.Misc. No.55078 of 2017(2) dt.23-11-2017 2/2
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, it is directed 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 Judicial Magistrate, 1st class, Sikrahana at Dhaka, East Champaran in connection with Trial No.1612 of 2017 arising out of Complaint case No. C-599 of 2014.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether a grant of bail is appropriate in a case involving allegations of dowry harassment under Section 498A IPC where the petitioner has no criminal antecedent.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari & Ors. Vs. The State of BiharRelied on¶14
2006(3) PLJR 182
1 provisions across 1 enactments
Sanjur Alam Ansari
The State of Bihar
Chunni Khatoon
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
