The Patna High Court granted bail to the petitioner in an FIR/case under sections 498A, 494, 379 IPC and Dowry Prohibition Act on furnishing bond of Rs. 10,000 with two sureties.
The petitioner be released on bail on furnishing bail bonds of Rs. 10,000 with two sureties of the 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.55665 of 2017
Arising Out of PS. Case No.-114 Year-2017 Thana- GAMAHARIYA District- Madhepura
======================================================
Amresh Kumar @ Amlesh Kumar, S/o Ashok Yadav, Resident of VillageTerhi, Ward No. 10, P.S.- Gamharia, District- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha ======================================================
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 Sections 498A, 494 and 379 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 23.08.2017. 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 Ansari @ Naimul Haque Ansari & Ors.
Patna High Court Cr.Misc. No.55665 of 2017(2) dt.23-11-2017 2/2
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 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 A.C.J.M. IV, Madhepura in connection with Gamharia P.S. case No.114 of 2017.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case involving 498A, 494 IPC alleging dowry harassment?
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & OrsRelied on¶14
Patna High Court Cr.Misc. No.55665 of 2017(2) dt.23-11-2017 reported in 2006(3) PLJR 182
2 provisions across 2 enactments
Amresh Kumar @ Amlesh Kumar
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
