The Patna High Court, on criminal miscellaneous application, enlarged the petitioner on bail in a dowry harassment case where the parties had reportedly reconciled. The release was conditional on furnishing a bail bond within four weeks.
Petitioner released on bail by furnishing bond of Rs. 10,000 with two sureties within four days.
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.26630 of 2019
Arising Out of PS. Case No.-28 Year-2019 Thana- KASIMBAZAR District- Munger
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NIRAJ KUMAR MALLIK Son of Sambhu Mallik Resident of Village - Lallu Pokhar Argara Road, P.s.- Kasim Bazar, Distt.- Munger.
... ... Petitioner/s
Versus
... ... Opposite Parties.
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Appearance :
For the Petitioner/s : Mr. Deep Nishi For the Opposite Party/s : Mr. Rajendra Nath Jha
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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
3 24-07-2019
Heard learned counsel for the petitioner, learned cousnel for the opposite party no.2 and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Kasim Bazar P.S. Case no. 28 of 2019, registered under Section 498 A/34 of the Indian Penal Code.
Petitioner, who happens to be husband of the informant, is said to have tormented her over dowry demand in association of his family members.
Learned counsel for the petitioner submitted that no such occurrence as alleged ever took place. The petitioner is quite innocent and has been falsely implicated in this case. He
Patna High Court CR. MISC. No.26630 of 2019(3) dt.24-07-2019 2/2
has neither made any demand nor tormented the informant over dowry demand and now both the parties have shorted out their differences and are living together happily and comfortably. Hence, he may be enlarged on bail.
On the other hand, opposite party no.2 (informant) also conceded the factum of living of opposite party no.2 with the petitioner happily and comfortably.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Munger in connection with Kasim Bazar P.S. Case No. 28 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Prakash Chandra Jaiswal, J)
Trivedi/-
U T
2 issues framed by the court
Whether the petitioner, under a Section 498 A/34 IPC case, deserves to be enlarged on bail given that both parties have resolved their differences.
Whether the petitioner should be released on bail by furnishing a bond with sureties subject to conditions under Section 438(2) Cr.P.C.
1 provisions across 1 enactments
Niraj Kumar Mallik
The State of Bihar
Sonam Deevi
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
