Allowed anticipatory bail application filed by petitioner in a dowry harassment case under Section 498A IPC. Ordered release on furnishing bail bond of Rs. 25,000 with two sureties within six weeks of arrest or surrender.
Petitioner allowed bail; released on bail bond of Rs. 25,000 with two sureties upon arrest or surrender 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.4442 of 2019
Arising Out of PS. Case No.-63 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna
======================================================
Munna Sao Late Shiv Narayan @ Shiv Narayan Sao Resident of MohallaAmbedkar Colony Khedhper, P.S.- Sultanganj, District - Patna
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Bindeshwar Prasad Singh For the Opposite Party/s : Mr.Ashok Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
4 24-06-2019 This application, for grant of anticipatory bail, arises
out of Complain Case No. 63 of 2018, disclosing offences under Sections 498A of the Indian Penal Code.
Petitioner happens to be husband of the complainant and allegation against the petitioner is of torture and harassment to the complainant in connection with demand of dowry of Rs. One Lakh, T.V. and ornaments and further he kept the sons with himself and ousted the complainant with two daughters.
Submission of learned counsel for the petitioner is that prior to lodging of this case, a case has been lodged by the petitioner against the complainant and due to which, the present false case has been filed and he is still ready to keep the
Patna High Court CR. MISC. No.4442 of 2019(4) dt.24-06-2019 2/2
complainant with himself but she is not ready to live with the petitioner.
Heard learned A.P.P. also as well as learned counsel for the complainant. Learned counsel for the complainant has submitted that she is not ready to reside with the petitioner as the petitioner forces her to make illicit relationship with other persons.
Having heard both sides, considering the facts and circumstances of the case, 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) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -VI, Patna City, Patna, in connection with Complain Case No. 63 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J)
sunilkumar/-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail.
Whether the petitioner can be released on bail upon arrest or surrender.
2 provisions across 2 enactments
Munna Sao
The State of Bihar
Munni Devi
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
