Petitioner sought anticipatory bail in a case alleging dowry torture under IPC and DP Act. Court granted bail upon surrender or arrest within six weeks, subject to bonds and conditions under Section 438(2) CrPC.
Petitioner released on anticipatory bail if arrested or surrenders within six weeks, subject to 10,000 Rs bonds and two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16837 of 2018
Arising Out of PS.Case No. -25 Year- 2017 Thana -MEHUS District- SEKHPURA
====================================================== Md. Salauddin, Son of Md. Qaiyum @ Kaiyum Ansari, Resident of Village - Nabadih, Police Station - Halsi, District - Lakhisarai.
.... .... Petitioner
Versus
.... .... Opposite Parties ====================================================== Appearance : For the Petitioner : Mr. Vijay Kumar, Advocate. For the State : Mr. Prem Kumar Jha, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 23-03-2018 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 323, 498(A), 307, 506/34 of the IPC and ¾ of the D.P. Act.
The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment 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
Patna High Court Cr.Misc. No.16837 of 2018 (2) dt.23-03-2018
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petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. There is no medical examination report to support the offence under Section 307 of the IPC. Rests of the offences are 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 J.M. Ist Class, Sheikhpura, in connection with Mehus P.S. Case No. 25 of 2017 (G.R. No. 1186 of 2017), 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 to grant anticipatory bail to the petitioner in a case involving offences under Sections 341, 323, 498(A), 307 IPC and Dowry Prohibition Act alleging dowry torture.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharRelied on¶18
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182
3 provisions across 3 enactments
Md. Salauddin
The State of Bihar
Afsana Khatoon
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
