Granting anticipatory bail in a complaint case under Section 498A IPC and Section 4 of the Dowry Prohibition Act,条件是 petitioner visits sasural opposite party appears with her to affirm settlement.
Petitioner directed to visit sasural with opposite party to record affidavit of settlement provisionally granted bail on furnishing bonds
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10916 of 2020
Arising Out of PS. Case No.-1505 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna
======================================================
Manoj Saw @ Manoj Sao @ Manoj Kumar Son of Rajendra Sao Resident of Village - Habaspur, P.S.- Shahpur, Distt.- Patna.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner : Mr.Pramod Kumar Singh, Advocate For the State : Mrs.Rita Verma, APP For Opp. Party No.2 : Mr. Saket Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
5 01-11-2021 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the opposite party no.2.
The petitioner seeks anticipatory bail in connection with Complaint Case No. 1505 (C) of 2018 registered for the offences under Section 498A of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act.
Pursuant to the order dated 04.03.2020, notice was issued to opposite party no.2, who has appeared and filed her Vakalatnama.
Specific statement has been made in paragraph 9 of the bail petition that the petitioner is ready to keep the opposite
Patna High Court CR. MISC. No.10916 of 2020(5) dt.01-11-2021 2/3
party no.2 with full honour and dignity.
In such view of the matter, the petitioner is directed to visit his Sasural and take opposite party no.2 with him before 07.11.2021 and thereafter both the parties will file an application in the Court below that they have amicably settled their disputes and they are staying together. The petitioner will also provide a separate mobile phone and number to opposite party no.2 from which she can talk to her parents as and when she desires.
On filing of the aforesaid application by both the parties in the Court below, the Court below will release the petitioner on provisional bail for a period of three months on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, Patna in connection with Complaint Case No. 1505 (C) of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
After completion of three months, both the parties will again appear before the learned Court below. The Court below will verify the conduct of both the parties and thereafter take a decision either to confirm the provisional bail or to cancel
Patna High Court CR. MISC. No.10916 of 2020(5) dt.01-11-2021 3/3
the same in the facts of the case.
Till filling of the application by both the parties in
the Court below, the interim protection granted to the petitioner vide order dated 04.03.2020 shall continue to operate.
With the aforesaid observations and directions, this
bail petition is allowed.
(Sandeep Kumar, J)
BT/-
U T
1 issue framed by the court
Whether anticipatory bail can be granted subject to the petitioner visiting the sasural with the opposite party and furnishing amicable settlement affidavit.
3 provisions across 3 enactments
Manoj Saw
The State of Bihar
Mamta Devi
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
