The court granted anticipatory bail to the petitioner filed in a dowry and cruelty case, directing him to surrender within four weeks under Section 438(2) CrPC subject to conditions.
Petitioner enlarged on bail by surrendering within four weeks and furnishing Rs. 10,000 bond with two sureties.
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.70750 of 2019
Arising Out of PS. Case No.-283 Year-2019 Thana- AKBARPUR District- Nawada
======================================================
RANJEET YADAV Son of Upendra Yadav Resident of Village - Fatehpur, P.S.- Akbarpur, Distt.- Nawada.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Sinha For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
Heard learned counsel for the petitioner and learned
APP for the State. Inspite of serving notice upon opposite party no. 2, nobody appears on behalf of opposite party no. 2.
Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Akbarpur P.S. Case no. 283 of 2019 instituted for the offence under Sections 341, 323, 498A, 504 and 506/34 of the Indian Penal Code.
Llegation against the petitioner is of cruelty and
Patna High Court CR. MISC. No.70750 of 2019(7) dt.07-12-2021 2/3
harassment due to non-fulfillment of dowry demand.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of opposite party no. 2 and has been falsely implicated in this case. He has never demanded any thing from the informant. It is further contended by learned counsel for the petitioner that petitioner is ready to keep his wife with full honour and dignity. But it is the opposite party no. 2, who has asserted before the learned lower court that she does not want to lead the conjugal life which appears from para 4 of the impugned order.
Learned APP for the State has opposed the prayer of
bail.
Having heard learned counsel for the parties and considering the submission made on behalf of the petitioner this Court is inclined to enlarge him on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Akbarpur P.S. Case no. 283 of 2019 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Nawada subject to the conditions as laid down under section
Patna High Court CR. MISC. No.70750 of 2019(7) dt.07-12-2021 3/3
438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J)
sushma/-
U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest.
Whether to fix conditions for bail including surrender and sureties.
1 provisions across 1 enactments
Ranjeet Yadav
The State of Bihar
Poonam Kumari
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
