In a bail application in a dowry harassment case under Sections 498A IPC and Section 3 D.P. Act, the High Court of Patna allowed the bail petition after finding no chance of reconciliation, directing release on bond.
Released on bail on furnishing a bond of Rs 10,000 with two sureties under specific conditions.
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.7966 of 2019
Arising Out of PS. Case No.-330 Year-2017 Thana- ALAMGANJ District- Patna
======================================================
ARINDAM SAH @ ARINADAM SAH Son of Anup Saha @ Anup Sah Resident of Village - Chailitand, P.S.- Alamganj, District - Patna, At present residing Block -D, 2nd Floor, Rabindra Awasan, P.S.- Haridevpur, District - Kolkata, West Bengal -700082
... ... Petitioner/s
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Jay Ram Prasad For the Opposite Party/s : Mr.Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
Heard the learned counsel for the petitioner, informant
and the State.
The petitioner seeks bail in Alamganj P.S. Case No. 330/2017, instituted for offence under Section(s) 498A of the Indian Penal Code read with Section ¾ of D.P. Act.
Earlier petitioner was granted provisional bail by a Co-ordinate Bench of this Court by order dated 04.09.2018 enabling him to appear before the Patna High Court Mediation Centre in order to facilitate reconciliation process amongst the parties.
As per Mediation Report, mediation between the parties could not be resolved through the process of mediation.
Patna High Court CR. MISC. No.7966 of 2019(5) dt.01-05-2019 2/3
Thereafter petitioner was directed to surrender in the Court below vide order dated 06.12.2018 passed in Cr. Misc. No. 52634/2018.
Petitioner has surrendered in the court below on 07.01.2019.
Learned counsel for the petitioner has submitted that the wife of petitioner does not want to live with him.
Learned counsel for the informant has submitted that petitioner commits torture with the informant. It is not possible for her to live with this petitioner.
In the written report there is allegation that informant was ousted from her matrimonial house for non-fulfillment of demand of dowry.
From the submission made on behalf of O.P. No. 2 it appears that there is no chance of reconciliation between the parties.
Petitioner is in custody since 07.01.2019.
Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief
Patna High Court CR. MISC. No.7966 of 2019(5) dt.01-05-2019 3/3
Judicial Magistrate, Patna City, in connection with Alamganj
P.S. Case No. 330/2017 , subject to the conditions that
(I) both the bailors shall be the close relative of the petitioner.
(II) Petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner and
(III) if petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.
(Sanjay Priya, J)
rakhi/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail given the allegations of dowry harassment and lack of reconciliation.
What conditions should apply to the petitioner's release on bail.
2 provisions across 2 enactments
Arindam Sah @ Arinadam Sah
State of Bihar
Priti Kumari
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
