The Patna High Court granted bail to the petitioner in a case involving offences under Sections 498A, 323, 341 and 34 IPC. The court directed release on suicide bond with sureties upon satisfaction of the Chief Judicial Magistrate.
Petitioner released on bail furnishing bond of Rs. 10,000 with two sureties of like amount to C.J.M., Jehanabad.
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.17825 of 2018
Arising Out of PS. Case No.-1 Year-2018 Thana- MAHILA PS District- Jehanabad
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Niraj Kumar Verma S/o Satyendra Prasad Verma resident of Village - Hulasganj, P.S. - Hulasganj, District - Jehanabad.
... ... Petitioner/s
Versus
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. MUSTAQUE ALAM
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 28-03-2018
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 498A, 323, 341 and 34 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 15.01.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been
Patna High Court Cr.Misc. No.17825 of 2018(2) dt.28-03-2018 2/2
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 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/complaint case.
Considering the aforesaid facts and circumstances, it is directed that 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 learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad Mahila P.S. Case No. 01/2018.
(Sudhir Singh, J)
Pankaj/-
U T
1 issue framed by the court
Whether the petitioner is eligible for bail in a case alleging dowry harassment and cruelty under Sections 498A, 323, 341 and 34 of the Indian Penal Code.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharRelied on¶22
2006(3) PLJR 182
2 provisions across 2 enactments
Niraj Kumar Verma
The State of Bihar
Asha Kumari
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
