The Patna High Court granted anticipatory bail to the petitioner in a case under Section 498A IPC alleging dowry harassment. The court noted the parties had solemnized a second marriage.
Petitioner enlarged on bail with a bond of Rs. 25,000 and two sureties of like amount before A.C.J.M., 3rd, Jamui.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15921 of 2021
Arising Out of PS. Case No.-748 Year-2019 Thana- COMPLAINT CASE District- Jamui
======================================================
GURUDAYAL RAJAK Son of Puran Rajak Resident of Village- Baijudih, P.S.- Chakai, District- Jamui.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
The petitioner apprehends his arrest in connection
with Complaint Case No.748C/2019, registered for the offence punishable under Section 498(A) of the Indian Penal Code.
The petitioner being the husband of the complainant
along with other family members tortured the complainant physically and mentally for non-fulfillment of demand of additional dowry.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the opposite party no.2 and the petitioner have solemnized second marriage. It is further
Patna High Court CR. MISC. No.15921 of 2021(5) dt.13-05-2022 2/2
submitted that notice had been issued to opposite party no.2, but nobody received the notice.
Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.
Taking into consideration the fact that both parties solemnized second marriage, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 3rd , Jamui in connection with Complaint Case No.748C/2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J.)
Sanjay/-
U T
1 issue framed by the court
Whether the petitioner is eligible for anticipatory bail in a case arising out of dowry harassment allegations involving a second marriage.
Gurudayal Rajak
The State of Bihar
Maya Devi
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
