The Patna High Court granted anticipatory bail to the petitioner apprehending arrest in a case involving dowry-related torture allegations, directing surrender within six weeks.
Released on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.66836 of 2018
Arising Out of PS. Case No.-682 Year-2017 Thana- COMPLAINT CASE District- Lakhisarai
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Nandlal Prasad, s/o- Dwarika Prasad, r/o-village Dudhaila, P.s.- Dhamol, District- Nawada.
... ... Petitioner/s
Versus
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Umesh Prasad For the Opposite Party/s : Mr. Smt. Gulnar Begam
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 01-11-2018
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 323, 337, 498A and 34 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. On the earlier occasion also, the victim and her family members have instituted case for similar offence against
Patna High Court Cr.Misc. No.66836 of 2018(2) dt.01-11-2018 2/2
the petitioner and his family members. The petitioner has falsely been 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 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 J.M. Ist Class, Lakhisarai in connection with Complaint Case No. 682(C)2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
Pankaj/-
U T
1 issue framed by the court
Whether the petitioner shall be granted anticipatory bail in the complaint case regarding allegations of torture due to non-fulfillment of dowry demand.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharRelied on¶19
2006(3) PLJR 182
1 provisions across 1 enactments
Nandlal Prasad
The State Of Bihar
Anjali Kumari
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
