Petitioner sought anticipatory bail against arrest in a Section 498A IPC case alleging dowry harassment. The single judge granted bail subject to specific conditions.
Released on anticipatory bail upon surrender within six weeks, furnishing Rs. 10,000 bond with two sureties, subject to Section 438(2) CrPC conditions.
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.10594 of 2018
Arising Out of PS. Case No.-381 Year-2016 Thana- MADHUBANI COMPLAINT CASE District- Madhubani
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Amlesh Kumar Paswan son of Ram Awtar Paswan, resident of village Barhara, Police Station Raj Nagar, District Madhubani
... ... Petitioner/s
Versus
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Jha For the Opposite Party/s : Mr. YOGENDRA KR. SINGH(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 22-02-2018
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code.
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 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
Patna High Court Cr.Misc. No.10594 of 2018(2) dt.22-02-2018 2/2
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, let the petitioner, above named, in the event of arrest/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 learned J.M. 1st class, Madhubani in connection with C.R. case No.381 of 2016 (T.R. No.2581 of 2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Narendra/-
(Sudhir Singh, J)
U T
1 issue framed by the court
Whether anticipatory bail should be granted in a case alleging torture due to 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¶14
2006(3) PLJR 182
1 provisions across 1 enactments
Amlesh Kumar Paswan
State Of Bihar
Kamni Devi
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
