On an application for anticipatory bail, the Patna High Court granted bail to the petitioner in a case involving dowry demand and assault offences, directing surrender within six weeks.
Application allowed; petitioner to be released on bail of Rs.25,000 with two sureties of like amount if arrested or surrenders within six weeks.
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.3499 of 2019
Arising Out of PS. Case No.-1507 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran
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Ajimullah Kha @ Ajimullah Khan, Late Salamgir Khan Vill-Ishlampur Tole(Near Bairiyar),P.S-Dhaka, Distt.-East Champaran
... ... Petitioner
Versus
... ... Opposite Partys
====================================================== Appearance : For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
5 09-05-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No.1507 of 2017, Trial No.248 of 2018 disclosing offences under Sections 323, 498(A), 406, 504, 384, 307 and 34 of the Indian Penal Code.
Allegation as per complaint petition against the petitioner is that there is a demand of Rs.1 lac in cash, Hero Honda Motorcycle, 20 grams of gold chain and gold ring of 5 grams and on showing inability, he has assaulted the complainant with mentally and physically and further allegation of snatching her stridhan.
Submission of the learned counsel for the petitioner is
Patna High Court CR. MISC. No.3499 of 2019(5) dt.09-05-2019 2/2
that the allegation is false and concocted and the petitioner is ready to keep his wife with full dignity and honour but the complainant is not ready to live with the petitioner.
It appears from the perusal of the record that earlier notice was issued to the opposite party no.2 and the mother of opposite party no.2 has received the same.
Heard learned A.P.P. also.
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 to the satisfaction of Sri Praduman Kumar, Judicial Magistrate, Ist Class, Motihari, East Champaran, in connection with Complaint Case No.1507 of 2017, Trial No.248 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J)
sunil/-
U T
2 issues framed by the court
Whether the application for grant of anticipatory bail should be allowed in the facts and circumstances of the case.
Whether sufficient cause has been shown to satisfy the requirements of Section 438 of the Code of Criminal Procedure.
1 provisions across 1 enactments
Ajimullah Khan
State of Bihar
Safina Khatoon
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
