This order grants anticipatory bail to the petitioner in a matrimonial dispute pending before the high court. The court directed surrender within four weeks on furnishing a bail bond with sureties.
Petitioner released on bail upon surrender within four weeks by furnishing a bond of Rs. 15,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36549 of 2019
Arising Out of PS. Case No.-69 Year-2019 Thana- FALKA District- Katihar
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JAGJEEVAN PANDIT Son of Kapildev Pandit Resident of Village - Bareta Chowk, P.S.- Falka, Dist.- Katihar. ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kumar Jha, Advocate For the Informant : Mr. Ashutosh Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
2 12-06-2019
appearance on behalf of the informant and has filed Vakalatnama.
Heard learned counsel for the petitioner and learned counsel representing the informant. No one appears for the State.
The petitioner in the present case is seeking anticipatory bail in connection with Falka P.S. Case No. 69 of 2019 registered for the offences punishable under Sections 323, 498(A) of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act.
Learned counsel for the petitioner submits that this petitioner has filed a matrimonial case under Section 9 of the Hindu Marriage Act for restitution of conjugal rights on 31.05.2018. In the said case the informant has appeared and the matter was being adjourned for mediation between the parties.
Patna High Court CR. MISC. No.36549 of 2019(2) dt.12-06-2019 2/2
In this regard order dated 08.08.2018 and 10.09.2018 have been placed before this Court. In stead of appearing in the mediation on 10.09.2018, the informant lodged the FIR on 12.09.2018 making false and frivolous allegation.
Learned counsel representing the informant has opposed the anticipatory bail as according to him, the petitioner has ousted the informant on 31.03.2018 and had committed cruelty against the informant.
Considering the facts and circumstances of the case wherein there appears to be a matrimonial dispute between the parties, several steps for mediation has been taken up by the court in the pending proceeding and in the meantime the present FIR has been lodged, let the petitioner above named in the event of his arrest or surrender within a period of four weeks from today in connection with Falka P.S. Case No. 69 of 2019 be released on bail on furnishing of bail bond of Rs. 15,000/(fifteen thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Katihar, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajeev Ranjan Prasad, J)
avin/-ved U
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in connection with a matrimonial dispute where mediation was pending?
Whether the petitioner must surrender within four weeks to secure release on bail?
4 provisions across 4 enactments
Jagjeevan Pandit
The State of Bihar
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
