Суд удовлетворил ходатайство о предоставлении предварительного освобождения. Ответчик должен быть этапирован, если его арестуют перед судом, на залог.
Petitioner allowed anticipatory bail; upon arrest or surrender within six weeks, to be released on bail bond of Rs. 25,000 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.1383 of 2019
Arising Out of PS. Case No.-22 Year-2018 Thana- MAHILA P.S. District- Saran
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Duryodhan Sharma @ Duryodhan Kumar Sharma s/o Late Sukdeo Sharma r/o village-Madansath P.S. Daudpur, District-Saran
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Anant Kumar Bhaskar For the Opposite Party/s : Mr. Surendra Prasad Singh
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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 22-01-2019
This is an application for grant of anticipatory bail in connection with Mahila P.S. Case No. 22 of 2018, disclosing offences under Sections 341, 323, 498(A), 34 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act.
Allegation against the petitioner, who happens to be the husband of the informant, is of subjecting cruelty to his wife with respect to demand of dowry.
Submission of learned counsel for the petitioner is that mediation was made before the court below, in which the petitioner was sent to the house of the informant and he remained there for 15 days, but thereafter the informant refused to live along with him. Further, he is still ready to keep the informant with himself and he has no criminal antecedent.
Heard learned A.P.P. also.
Patna High Court Cr.Misc. No.1383 of 2019(2) dt.22-01-2019 2/2
Having heard both sides, considering the above submission, this application is allowed. 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 each to the satisfaction of learned S.D.J.M., Saran at Chapra, in connection with Mahila P.S. Case No. 22 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J)
Amjad/-
U T
1 issue framed by the court
Whether the application for anticipatory bail in a dowry cruelty case should be allowed given the petitioner's readiness to mediate and lack of criminal antecedents.
1 provisions across 1 enactments
Duryodhan Sharma @ Duryodhan Kumar Sharma
The State Of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
