The Patna High Court granted bail to the petitioner in a case alleging dowry-related torture under sections 498A IPC and the Dowry Prohibition Act, directing release upon furnishing specific bail bonds.
Release of the petitioner on bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount.
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.9515 of 2019
Arising Out of PS. Case No.-710 Year-2015 Thana- COMPLAINT CASE District- Jamui
======================================================
Vikash Kumar son of Sri Binod Das Resident of Village- Barhiya Near Mahila College, Barhiya, P.S. Lakhisarai, Disrtict- Lakhisarai
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Prakash Mahto For the Opposite Party/s : Mr.Uma Shankar Prasad Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 08-04-2019 Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case in which cognizance has been taken under sections 323, 498A of the Indian Penal Code and Sections ¾ of the Dowry Prohibition Act.
Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.11.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has
Patna High Court CR. MISC. No.9515 of 2019(3) dt.08-04-2019 2/2
falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182 .
On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case.
Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jamui in connection with Complaint Case No. 710C/2015.
(Sudhir Singh, J)
Pankaj/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case alleging dowry-related torture under Sections 498A IPC and Dowry Prohibition Act.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharReferred¶18
2006(3) PLJR 182
2 provisions across 2 enactments
Vikash Kumar
The State of Bihar
Chunchun Devi
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
