Allowed

Vinay Kumar and Anr. v. The State Of Bihar

Patna HC23 Apr 2018CR. MISC./23729/2018

Case brief

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What is this about?

This single bench disposed of a criminal miscellaneous petition seeking anticipatory bail. The High Court granted anticipatory bail to two petitioners facing allegations of causing harassment for dowry under the IPC and Dowry Prohibition Act, ordering their surrender within six weeks.

What did the court decide?

Anticipatory bail granted conditioned on surrender within six weeks with bail bonds of Rs. 10,000 each and two sureties to the satisfaction of the competent Magistrate.

Vinay Kumar and Anr. Vs The State Of Bihar — Dowry and Cruelty | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23729 of 2018

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Arising Out of PS. Case No.-94 Year-2017 Thana- MAHILA P.S. District- Patna

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======================================================

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1. Vinay Kumar, S/o Late Ganesh Paswan, R/o Village- Nainchak, PS- Khagaul, District- Patna.

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1. Chinta Devi, W/o Late Ganesh Paswan, R/o Village- Nainchak, PS- Khagaul, District- Patna.

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... ... Petitioner/s

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Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Ballabha Sharma For the Opposite Party/s : Mr. Nirmal Kumar Sinha For the Informant : Mr. Arvind Kumar Mouar, Mr. Raj Krishna Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

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ORAL ORDER

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2 23-04-2018

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Heard learned counsel for the petitioners, learned APP

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for the State and learned counsel for the opposite party No. 2.

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The petitioners are apprehending their arrest in a case registered under Sections 498A, 506, 34 of the Indian Penal Code and ¾ of Dowry Prohibition Act.

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Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry.

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It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in-laws. They have falsely been

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Patna High Court Cr.Misc. No.23729 of 2018(2) dt.23-04-2018 2/2

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implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioners have 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 .

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On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

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Considering the aforesaid facts and circumstances, let the petitioners, 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) each with two sureties of the like amount each to the satisfaction of learned Smt. Priya Shekhar, Judicial Magistrate, 1^st Class, Patna in connection with Mahila P.S. Case No. 94/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Pankaj/-

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U T

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(Sudhir Singh, J)

Vinay Kumar and Anr. v. The State Of Bihar

Case brief

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Vinay Kumar and Anr. v. The State Of Bihar

Case brief

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