In bail application arising from 498A, 307 IPC and Dowry Act, court granted bail to petitioner-plaint-by noting lack of specific allegations against him despite Police findings on son-in-law.
Petitioner released on bail on furnishing bond of Rs.10,000/ along with two sureties of similar amount within four 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.79241 of 2018
Arising Out of PS. Case No.-40 Year-2018 Thana- SIMRI District- Darbhanga
======================================================
Ram Binod Bhagat @ Ram Singhasan @ Ram Singhasan Bhagat S/o Late Anandu Bhagat Resident of Village- Banuli, P.S. Simri, District- Darbhanga.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Pankaj Kumar Das For the Opposite Party/s : Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 28-01-2019 Heard both sides.
The petitioner apprehends his arrest in Simri P.S. Case No.40 of 2018 registered under Sections 498(A), 307 and other Sections of the Indian Penal Code and ¾ of Dowry Prohibition Act.
The informant named her husband and other in-laws and alleged that after marriage, father-in-law, mother-in-law, brother-in-law began to demand Rs.50,000/- as dowry. On account of non-fulfillment of demand of dowry, her father-inlaw, brother-in-law and other in-laws brutally assaulted her.
The learned counsel for the petitioner submits that police after investigation did not find the accusation under Section 307 I.P.C. true and submitted chargesheet under Section 498A and other Sections of I.P.C. and ¾ of Dowry Prohibition
Patna High Court Cr.Misc. No.79241 of 2018(2) dt.28-01-2019 2/2
Act. Petitioner is the father-in-law of the informant and no specific allegation is made against the petitioner.
Considering the aforesaid facts and the fact that the petitioner is father-in-law of the informant, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Darbhanga in connection with Simri P.S. Case No.40 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J)
Saurabh/-
U T
1 issue framed by the court
Whether the petitioner, who is the father-in-law of the informant and faces no specific allegations, be granted bail on furnishing a bond with sureties.
1 provisions across 1 enactments
Ram Binod Bhagat
The State Of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
