Patna High Court granted anticipatory bail to petitioner apprehending arrest in case involving offences under IPC and Dowry Prohibition Act, directing release upon production before court below with conditions.
Petitioner released on bail of Rs.25,000 with two sureties each of Rs.25,000 on production before court below within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13594 of 2022
Arising Out of PS. Case No.-17 Year-2021 Thana- MAHILA P.S. District- Sitamarhi
======================================================
ANIS KUMAR @ ANISH KUMAR Son of Ram Bhajan Prasad @ Ram Bhajan Sah Resident of Vill.- Mela Road, P.S.- Sitamarhi, Dist.- Sitamarhi.
... ... Petitioner/s
====================================================== Appearance :
For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
4 19-12-2022
Heard learned counsel for the petitioner, learned APP
for the State and learned counsel appearing on behalf of opposite party no.2.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 498(A), 504 and 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.
Petitioner, who is husband of opposite party no.2, is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.
It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of
Patna High Court CR. MISC. No.13594 of 2022(4) dt.19-12-2022 2/2
dowry. He is still ready to keep her with full honour and dignity. 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 .
In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sitamarhi Mahila P.S. Case No.17 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
If so advised, either of the parties will be at liberty to make an application before the learned court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or for one time settlement.
Accordingly, this application stands disposed of.
(Anjani Kumar Sharan, J)
Sanjay/-
U T
2 issues framed by the court
Whether petitioner should be released on anticipatory bail in offences related to dowry and cruelty under IPC and Dowry Prohibition Act.
Whether petitioner can be released pending trial in matrimonial dispute involving criminal charges.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharRelied on¶19
2006 (3) PLJR 182
6 provisions across 3 enactments
ANIS KUMAR @ ANISH KUMAR
THE STATE OF BIHAR
RAJ NANDINI
ANJANI KUMAR SHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
