High Court granted anticipatory bail to mother-in-law and father-in-law facing arrest under Section 498A IPC. Released on bail with sureties within six weeks subject to procedural conditions laid down under the CrPC.
Release on anticipatory bail upon furnishing bail bonds of Rs. 10,000 each with two sureties within six weeks.
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.67755 of 2018
Arising Out of PS.Case No. -129 Year- 2018 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH)
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Versus
.... .... Opposite Parties ====================================================== Appearance : For the Petitioners : Mr. Brij Kishor Mishra, Advocate For the State : Mr. Sanjay Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
The petitioners are apprehending their arrest in a case for the offence registered under Section 498(A) of the IPC.
The prosecution story, in brief, is that the accused persons including the petitioners tortured the victim due to nonfulfilment of demand of dowry.
It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been
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implicated in the present case due to petty family dispute. The petitioner no. 1 is mother-in-law and petitioner no. 2 is father-inlaw of the victim. They are separate in mess and property from the husband of the victim. The case is triable by the Magistrate. The petitioners have further relief 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 learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R./Complaint Case.
Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or 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 the learned A.C.J.M.-Ist, Bagaha, West Champaran, in connection with Complaint Case No. 129C of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./U T
(Sudhir Singh, J)
2 issues framed by the court
Whether the petitioners entitled to anticipatory bail in offence under Section 498A IPC alleging dowry harassment.
Whether bail bonds could be accepted to release petitioners apprehending arrest in connected case.
2 provisions across 2 enactments
Madhulata Devi @ Madhulata
Brij Kishore Gupta @ Braj Kishore Prasad Gupta
The State of Bihar
Chandani Kumari
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
