The court granted anticipatory bail to the petitioner in a case alleging dowry harassment and torture under Section 498A IPC, directing surrender within six weeks and furnishing bonds with two sureties.
Anticipatory bail granted on surrender within six weeks with bail bond of Rs. 10,000 and two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13861 of 2018
Arising Out of PS. Case No.-233 Year-2015 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur
======================================================
Amit Sahni, Son of Late Hare Kishun Sahani, Resident of Village- Badhauna, Police Station- Vidyapatinagar, District- Samastipur.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Choudhary Shyam Nandan For the Opposite Party/s : Mr. PARMESHWAR MEHTA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
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 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 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 opposite party No.2 is in habit of instituting
Patna High Court Cr.Misc. No.13861 of 2018(2) dt.09-03-2018 2/2
cases for similar offences against the petitioner and his family members. The petitioner has 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 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 Sub Divisional Judicial Magistrate, Dalsinghsarai, Samastipur in connection with Complaint case C.R. No.233C of 2015, Tr. No.1461 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
Narendra/-
U T
2 issues framed by the court
Whether anticipatory bail can be granted to the petitioner in a case under Section 498A IPC and Dowry Prohibition Act.
Whether the petitioner satisfies the conditions precedent for granting anticipatory bail.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharExplained¶15
2006(3) PLJR 182
3 provisions across 3 enactments
AMIT SAHNI
THE STATE OF BIHAR
MOTI DEVI
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
