Single judge allowed anticipatory bail application. Petitioner granted release if arrested or surrenders within six weeks, allowing him to be produced before SDJM, Motihari in underlying 498A dowry case.
Release on bail of Rs. 25,000 with two sureties if petitioner is arrested or surrenders within six weeks to SDJM, Motihari.
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.12642 of 2019
Arising Out of PS. Case No.-1356 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran
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Mintu Kumar, Son of Lalbabu Choudhary, Resident of Village - Parsauni, Mailwar, Ward No.15, P.s.- arsauni, Distt.- Sitamarhi.
... ... Petitioner/s
Versus
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s : Mr. Pushpa Sinha.1, APP
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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
5 12-07-2019 This is an application for grant of anticipatory bail in
connection with Complaint Case No. C-1356 of 2018, disclosing offences under Section 498A of IPC and Section ¾ of Dowry Prohibition Act.
Complaint petition disclosed an allegation that petitioner and other accused persons have demanded a motorcycle and rupees one lakh and for that, tortured and assault the informant. After some time, she gave birth of a son, but she was again tortured continuously and lastly, she was ousted from the house after snatching all the ornaments.
Submission of the learned counsel for the petitioner is that he is still ready to keep her with dignity and care and all the
Patna High Court CR. MISC. No.12642 of 2019(5) dt.12-07-2019 2/2
allegations are false and concocted. No specific allegation has been attributed against him.
Heard learned A.P.P. also.
It further appears from the office note that opposite party no.2 has filed a Vakalatnama also, but nobody appears on behalf of the opposite party no.2.
Having heard both sides, considering the stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned S.D.J.M. Sadar, Motihari, in connection with Complaint Case No. C-1356 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
With the aforesaid, this application is allowed.
(Vinod Kumar Sinha, J)
sunil shukla/-
U T
2 issues framed by the court
Whether the petitioner is eligible for anticipatory bail in an FIR alleging cruelty and dowry harassment.
Whether the petitioner satisfies the conditions for bail by agreeing to appear in court within six weeks.
3 provisions across 3 enactments
Mintu Kumar
The State of Bihar
Nidhi Kumari @ Milan Kumari
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
