Anticipatory bail granted to petitioner in 498A IPC and Dowry Prohibition Act case where parties compromised and resumed living together, subject to conditions including local surety.
Petitioner released on bail in event of arrest within six weeks, furnishing bond of Rs. 25,000 with two sureties, one local.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2293 of 2019
Arising Out of PS. Case No.-524 Year-2018 Thana- KADAMKUAN District- Patna
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Alok Kumar, son of Basishth Narayan Sharma, Resident of village - Dongra P.s. Hulsahganj, District Jehanabad, at present residing at New Vishnupur, Durga mandir Road Jaio Prakash Nagar Road, P.s. Heerpur District - Dhanbad (Jharkhand)
... ... Petitioner
Versus
... ... Opposite Parties
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Appearance : For the Petitioner/s : Mr.Ritesh Kumar For the Opposite Party/s : Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
5 25-06-2019
Petitioner seeks bail in anticipation of his arrest in connection with Kadamkuan P.S. Case No. 524 of 2018 registered for the offences punishable under Section 498A of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.
Case is under Section 498A IPC and petitioner happens to be husband of opposite party No.2 and from the order dated 16.5.2019 it appears that both the parties have compromised the dispute and they are living together. However, learned counsel for opposite party No.2 sought an adjournment so as to verify the matrimonial status of the parties.
Both the learned counsel for the petitioner and learned counsel for opposite party are present and submitted that the
Patna High Court CR. MISC. No.2293 of 2019(5) dt.25-06-2019 2/2
parties are living peacefully together.
Heard learned APP also.
In view of above facts and circumstances, let petitioner, in the event of arrest or surrender before the court below within a period of six weeks from the receipt of this order, 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 the Sub-Judge-VII-cumAdditional Chief Judicial Magistrate, Patna, in connection with Kadamkuan P.S. Case No. 524 of 2018, corresponding to G.R.No. 6220 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.
(Vinod Kumar Sinha, J)
spal/-
U T
1 issue framed by the court
Whether grant of anticipatory bail is appropriate when parties have compromised and are living together.
1 provisions across 1 enactments
Alok Kumar
The State of Bihar
Arti Kumari
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
