The Patna High Court granted anticipatory bail to the petitioner in a case involving allegations of dowry harassment under Section 498A IPC. The petitioner was released subject to furnishing bail bonds within six weeks.
Released on anticipatory bail by furnishing bail bonds of Rs.10,000 with two sureties within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59196 of 2017
Arising Out of PS.Case No. -1108 Year- 2016 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI)
======================================================
Pramod Rai @ Pramid Rai S/o Late Ram Prasad Rai, R/o Vill.- Harpur, P.S.- Kathaiya, Distt.- Muzaffarpur.
.... .... Opposite Parties
====================================================== Appearance :
For the Petitioner : Mr. Sangeet Deokuliar, Advocate. For the State : Mr. Upendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
The petitioner is apprehending his arrest in a case for the offence registered under Section 498(A) of the IPC.
The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present
Patna High Court Cr.Misc. No.59196 of 2017 (2) dt.08-12-2017
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case due to petty family dispute. The case is triable by the Magistrate. The petitioner has further relied upon 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 learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.
Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. VI, East Champaran, Motihari, in connection with Tr. No. 2347 of 2017, arising out of Complaint Case No. C-1108 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./U T
(Sudhir Singh, J)
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case concerning cruelty and dowry demand under Section 498A IPC?
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharReferred¶21
2006(3) PLJR 182
2 provisions across 2 enactments
Pramod Rai @ Pramid Rai
The State of Bihar
Ruby Devi
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
