The Patna High Court granted anticipatory bail to the petitioner in a case involving dowry-related allegations, directing removal of defects and bond furnishing subject to court satisfaction.
Anticipatory bail granted on personal bond subject to furnishing bonds of Rs. 10,000 with two sureties after restoration of normalcy.
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.13866 of 2021
Arising Out of PS. Case No.-298 Year-2019 Thana- GARKHA District- Saran
======================================================
YUGAL KISHORE RAI S/o Late Dev Lal Rai R/o village- Panchmiriya, P.S.- Garkha, District- Saran at Chapra
... ... Petitioner/s
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner : Mr.Bijendra Kumar Singh, Advocate For the State : Mr. Nityanand Tiwary, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
APP for the State through virtual mode.
Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy.
The petitioner is apprehending his arrest in connection with Garkha P.S. case No.298 of 2019 registered under Sections 498A, 379, 384, 307, 504, 506, 34 of the Indian Penal Code.
Allegation against the petitioner is of committing torture and assault upon the victim due to non-fulfilment of demand of dowry.
It has been submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.13866 of 2021(3) dt.06-09-2021 2/3
the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is the father-in-law of the victim. There is no medical examination report in respect of offence under Section 307 of I.P.C. Rest of the offences are 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 complaint case/F.I.R.
Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of Sri Atul Kumar Singh, learned A.C.J.M. 14th , Saran at Chapra in connection with Garkha P.S. case No.298 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with
Patna High Court CR. MISC. No.13866 of 2021(3) dt.06-09-2021 3/3
two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J)
Narendra/-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case alleging dowry-related offences under Sections 498A and 307 IPC.
Whether the petitioner's lack of criminal antecedents justifies the grant of anticipatory bail.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari & Ors. Vs. The State of BiharReferred¶19
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, 2006(3) PLJR 182
2 provisions across 2 enactments
Yugal Kishore Rai
The State of Bihar
Sarita Devi
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
