The Patna High Court granted pre-arrest bail to Prem Nath Prasad in a case under Section 498-A IPC, noting the six-year delay in filing the complaint and directing his release upon furnishing a bail bond and two sureties.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties under Section 438(2) CrPC.
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.77531 of 2019
Arising Out of COMPLAINT CASE No.-2752 Year-2018 Thana- GOPALGANJ DistrictGopalganj
======================================================
Prem Nath Prasad @ Premnath Bin, Son of Saral Prasad, resident of Village - Piprahi, P.S.- Uchakagaon, District- Gopalganj
... ... Petitioner
Versus
... ... Opposite Parties
====================================================== Appearance : For the Petitioner : Mr.Javed Aslam, Advocate For the State : Ms.Pronoti Singh, APP For OP No. 2 : Mr. Shambhu Prasad, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
6 24-06-2020 Heard the parties via video conferencing.
The petitioner seeks pre-arrest bail in connection with Complaint Case (Reg.) No.2752 of 2018, Trial No. 2485 of 2019 in which cognizance has been taken under Section 498-A of the Indian Penal Code.
Considering the nature of the offence, accusation made against the petitioner, defence of innocence pleaded by him, the fact that the case arises out of a complaint lodged after six years of marriage and the other facts and circumstances of
Patna High Court CR. MISC. No.77531 of 2019(6) dt.24-06-2020 2/2
the case, he is directed to be released on bail, in the event of arrest or surrender before the court below, on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IX, Gopalganj in Complaint Case (Reg.) No.2752 of 2018, Trial No. 2485 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J)
kanchan/-
U T
2 issues framed by the court
Whether the petitioner is entitled to pre-arrest bail in a Section 498-A case.
Whether the delay in filing the complaint affects the bail application.
2 provisions across 2 enactments
Prem Nath Prasad @ Premnath
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
