Grants anticipatory bail to Ram Hare Singh in P.S. Mahila Case No. 15/2016 for offences under Section 498A IPC and Dowry Prohibition Act, directing appeareance within eight weeks.
Directed petitioner to appear within eight weeks on furnishing bail bond of Rs. 10,000 with two sureties of similar amount to Chief Judicial Magistrate, Begusarai.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11449 of 2020
Arising Out of PS. Case No.-15 Year-2016 Thana- MAHILA THANA District- Begusarai
======================================================
RAM HARE SINGH S/o- Ram Jugat Singh Resident of Village - Ward No. 13, Kiul Garhara, P.S. - Garhara, Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Randhir Kumar No.1, Advocate For the Opposite Party/s : Mr.Sanjay Kumar Pandey, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
Video Conferencing under the orders of Hon’ble the Chief Justice.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in Begusarai Mahila P.S. Case No. 15 of 2016, registered for the offences punishable under Sections 498A/323 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.
Prosecution case in brief is that marriage of the informant was solemnized with this petitioner in the year 2012. Informant’s father gave Rs. 1,50,000/-, ornaments and other articles in the marriage of her daughter. Informant’s daughter gave birth to two children. It is further alleged that in-laws of the daughter of informant used to demand additional dowry of
Patna High Court CR. MISC. No.11449 of 2020(5) dt.16-09-2020 2/2
Rs. 50,000/- and for the same they subjected her to torture. Ultimately, on 04.05.2016, all the family members brutally assaulted her for non-fulfillment of dowry and threatened to kill her.
It is submitted that petitioner has been falsely implicated in this case. There is general and omnibus allegation. It is further submitted that the informant (wife of the petitioner) had died in the year 2019 at her Naihar. Petitioner has got clean antecedent.
Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 Chief Judicial Magistrate, Begusarai in connection with Begusarai Mahila P.S. Case No. 15 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J)
vinita/- U T
2 issues framed by the court
Whether the petitioner should be granted anticipatory bail given apprehension of arrest in a dowry harassment case.
Whether the petitioner enjoys clean antecedents sufficient to warrant bail under Section 438 CrPC.
1 provisions across 1 enactments
Ram Hare Singh
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
