Single judge order granting anticipatory bail to petitioner facing charges under IPC 498A and Dowry Prohibition Act, subject to surrender within six weeks, bail bonds, and sureties.
Petitioner granted anticipatory bail to surrender within six weeks, subject to bond of Rs.10,000 and two sureties of like amount.
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.23266 of 2018
Arising Out of PS. Case No.-62 Year-2015 Thana- SHEKHPURA District- Sheikhpura
======================================================
Chandramani Kumar, Son of Ramashish Mahto, Resident of Village- Shahari, P.S.- Ghoshwari, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Nagendra Prasad For the Informant : Mr. Ajit Kumar, Mr. Kinkar Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 18-04-2018
Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
The petitioner is apprehending his arrest in a case registered under Sections 498A, 323, 504, 506 and 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.
It has been submitted on behalf of the petitioner that the petitioner 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
Patna High Court Cr.Misc. No.23266 of 2018(2) dt.18-04-2018 2/2
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 Complaint Case/F.I.R.
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 S.D.J.M., Sheikhpura in connection with Sheikhpura P.S. Case No. 62/2015, 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 while surrendering before the executing court.
Whether the conditions for granting anticipatory bail are satisfied given the apprehension of arrest.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharRelied on¶17
2006(3) PLJR 182
1 provisions across 1 enactments
CHANDRAMANI KUMAR
STATE OF BIHAR
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
