Patna HC allowed bail application by petitioner apprehending arrest in case under D.P. Act and IPC sections 323, 504, 307, 406, 498(A). Court ordered bail with bond and sureties, subject to condition keeping wife with dignity if she chooses to reside.
Released on bail of Rs.25,000 with two sureties of like amount each to be satisfied by SDJM, Begusarai.
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.80624 of 2018
Arising Out of PS. Case No.-1346 Year-2017 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai
======================================================
Raju Rai Son of Vaishakhi Ray Resident of Village - Jayanagar, P.S.- Barauni, District - Begusarai
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Randhir Kumar No-1 For the Opposite Party/s : Mr.Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
5 21-06-2019 Heard learned counsel for the parties.
The petitioner is apprehending his arrest in connection
with Complaint Case No.1346C/2017 , registered for offences punishable under Sections 323, 504, 307, 406, 498(A) of the Indian Penal Code and Section ¾ of the D.P.Act.
Allegation against the petitioner is of subjecting his wife (O.P.no.2) of cruelty with respect to demand of Rs.01 lac and one motorcycle.
Submission of the learned counsel for the petitioner is that the whole allegation is false and concocted, as a matter of of fact she left the house of the petitioner on her own and took away the articles and when the petitioner filed a complaint petition, the present case has been filed after one yer, which he
Patna High Court CR. MISC. No.80624 of 2018(5) dt.21-06-2019 2/2
has mentioned in para 9 of the petition.
Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail on the ground that she was subjected to cruelty.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on furnishing bail bond of Rs.25,000/(Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Begusarai in connection with Complaint Case No.1346C of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure, however, if still the O.P.no.2 wants to reside with the petitioner, he will keep her with dignity.
With the aforesaid direction, this application is
allowed.
(Vinod Kumar Sinha, J)
chn/- U T
2 issues framed by the court
Whether the petitioner should be released on bail apprehending arrest in a case under the D.P. Act and IPC.
Whether the petitioner must keep his wife with dignity if she desires to reside with him.
1 provisions across 1 enactments
Raju Rai
State Of Bihar
Jaimala Devi
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
