Petitioner sought anticipatory bail in prosecution for 498A IPC, 312, 313, 34 IPC and Dowry Prohibition Act alleging torture by wife. Court granted anticipatory bail as matter settled with conditions to reside together and surrender within six weeks.
Anticipatory bail granted to surrender within six weeks on bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15828 of 2018
Arising Out of PS. Case No.-225 Year-2017 Thana- ITADHI District- Buxar
====================================================== Riyajuddin Ansari, Son of Israel Ansari, Resident of Village- Narayanpur, Police Station- Itarhi, District- Buxar.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Parijat Saurav For the Opposite Party/s : Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 09-04-2018
Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No. 2.
A supplementary affidavit has been filed on behalf of the petitioner. The same is kept on record.
The petitioner is apprehending his arrest in a case registered under Sections 498A, 312, 313, 34 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.
On behalf of the parties, it has been submitted that the matter has been settled between them and they are agreed to
Patna High Court Cr.Misc. No.15828 of 2018(3) dt.09-04-2018 2/2
reside together with all respect and dignity.
Considering the fact that the matter has been settled between the parties and they have decided to reside together, 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 A.C.J.M. II, Buxar in connection with (Buxar) Itarhi P.S. Case No. 225 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
Pankaj/-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case alleging torture for non-fulfilment of dowry demand.
Whether conditions of settlement between parties warrant grant of anticipatory bail.
4 provisions across 3 enactments
Riyajuddin Ansari
The State of Bihar
Tamanna Khatoon
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
