Petitioner sought anticipatory bail for apprehended arrest in a case alleging demand for Rs. 3 lakh, assault, and cruelty under IPC and Dowry Prohibition Act. The High Court refused bail considering the nature of allegations regarding assault and torture.
Prayer for anticipatory bail was dismissed.
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.40427 of 2020
Arising Out of PS. Case No.-487 Year-2020 Thana- HAJIPUR SADAR District- Vaishali
====================================================== Vinay Kumar @ Vinay Kumar Rai Son of Bhola Rai Resident of Village - Digha Khurd, P.S.- Haji Pur Sadar, Distt.- Vaishali. ... ... Petitioner Versus
The State of Bihar. ... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Anil Prasad Singh, Advocate For the State : Mr.Jharkhandi Upadhyay, APP For Oppsite party no.2 : Mr. Rajesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
The Petitioner is apprehending arrest in connection
with Hajipur Sadar P.S. Case No. 487 of 2020 for the offence under sections 341, 323, 498(A),34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
Allegation against this petitioner is that he has demanded Rs. 3 lakh in cash for doing business and due to nonfulfillment of the said demand the informant was assaulted and subjected to torture and cruelty and lastly she was ousted from her in law’s house.
Considering the nature of allegation, the Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail is dismissed.
Ravi/- U T
(Sandeep Kumar, J)
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest for offences under sections 341, 323, 498(A), 34 IPC and Dowry Prohibition Act.
Whether the nature of allegations, namely demand of Rs. 3 lakh leading to assault and cruelty, warrants granting anticipatory bail.
2 provisions across 2 enactments
Vinay Kumar @ Vinay Kumar Rai
The State of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
