The Patna High Court granted bail to the petitioner in a case instituted for offences under the Indian Penal Code and the Dowry Prohibition Act, directing him to furnish a bail bond of Rs. 10,000 with two sureties.
Petitioner is released on bail furnishing bonds of Rs. 10,000 with two sureties of the like amount each.
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.13419 of 2019
Arising Out of PS. Case No.-190 Year-2018 Thana- AMNAUR District- Saran
======================================================
Juli Singh Wife of Dilip Singh R/o village- Salempur, P.S- Raghopur, DistrictEast Champaran. At Present Aadarsh Gram Road No. 1, Koluhwa Paigambarpur, P.S- Ahiyapur, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Arbind Kumar Singh For the Opposite Party/s : Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
3 08-04-2019
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 420, 307, 498A of the Indian Penal Code and Sections ¾ of the Dowry Prohibition Act.
Allegation against the petitioner is of committing torture and assault upon the victim due to non-fulfilment of demand of dowry.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.1.2019. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. On the earlier occasion also, the victim and her family
Patna High Court CR. MISC. No.13419 of 2019(3) dt.08-04-2019 2/2
members have instituted case for similar offence against the petitioner and his family members. The petitioner is gotni of the victim. She has falsely been implicated in the present case due to petty family dispute. Except for the offence under Section 307 IPC, rest are 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 F.I.R/complaint case.
Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -II, Saran at Chapra in connection with Amnour P.S. Case No. 190/18.
(Sudhir Singh, J)
Pankaj/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in a case involving offences under Sections 341, 323, 420, 307, 498A of the Indian Penal Code and the Dowry Prohibition Act.
Whether bail bonds with two sureties suffice for the grant of bail.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182Relied on¶16
2 provisions across 2 enactments
Juli Singh
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
