The Patna High Court granted anticipatory bail to the petitioner, Vivek Kumar, arrested in a dowry harassment case under Section 498A IPC. The Court allowed surrender within six weeks and release on bail bonds with sureties.
Anticipatory bail granted on surrender within six weeks via bail bonds of Rs.10,000 with two sureties.
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.51610 of 2018
Arising Out of PS.Case No. -802 Year- 2017 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN (MOTIHARI)
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Babita Kumari For the Opposite Party/s : Mr. Sunil Kumar Pandey
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 25-09-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code.
Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry.
It has been submitted on behalf of the petitioner that 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. On earlier occasion also, the victim and her family members have instituted a case for similar
Patna High Court Cr.Misc. No.51610 of 2018 (2) dt.25-09-2018
Page 2 of 2
nature of offence against the petitioner and his family members. 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 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 Chief Judicial Magistrate, Motihari, East Champaran in connection with Complaint Case No. 802 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
A.K.V./U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a complaint filed under Section 498A IPC alleged to be for dowry harassment.
Whether the petitioner was falsely implicated in the present case due to a petty family dispute.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharReferred¶18
2006(3) PLJR 182
2 provisions across 2 enactments
Vivek Kumar
The State of Bihar
Khushboo Kumari
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
