In this criminal miscellaneous petition, the Patna High Court granted bail to the petitioner charged under Sections 498A, 341, 323, and 504 of the Indian Penal Code for dowry harassment, allowing release upon furnishing surety bonds.
Petitioner released on bail on furnishing 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.12556 of 2018
Arising Out of PS. Case No.-208 Year-2016 Thana- PALASI District- Araria
====================================================== Md. Shamsad @ Shamsad Alam S/o Mustafa, R/o Village- Harwa, P.S.Palasi, District- Araria.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar For the Opposite Party/s : SMT. INDU BALA PANDEY ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 07-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 498A, 341, 323, 504 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 is in custody since 10.01.2018 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 the judgment of this Court in the case of Md. Naimul Haque
Patna High Court Cr.Misc. No.12556 of 2018(2) dt.07-03-2018 2/2
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 F.I.R.
Considering the aforesaid facts and circumstances, let 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 A.C.J.M. IIIrd, Araria in connection with Palasi P.S. case No.208 of 2016.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case involving dowry harassment allegations.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari & Ors. Vs. The State of BiharExplained¶13
2006(3) PLJR 182
4 provisions across 1 enactments
Md. Shamsad @ Shamsad Alam
The State of Bihar
Bibi Hina Parveen
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
