Patna High Court ordered release of petitioner on bail in a criminal complaint alleging dowry harassment and cruelty, subject to a monetary bond and sureties.
Petitioner released on bail of Rs. 20,000/- with two sureties of like amount each.
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.24873 of 2022
Arising Out of PS. Case No.-411 Year-2021 Thana- TARAIYA District- Saran
======================================================
Lallan Giri, Son of Vishwakarma Giri, R/O Village- Kumna, P.S.- Kopa, District- Saran At Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dewendra Narayan Singh, Advocate For the Opposite Party/s : Mr.Nityanand, A.P.P. For the Informant : Mr. Ranjay Kumar, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 01-12-2022
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
Let the defect (s), if any, as pointed out by the office, be removed within a period of four weeks.
In the present case, the petitioner seeks bail in connection with Taraiya P.S. Case No. 411 of 2021 registered for the alleged offences under Sections 498(A) and 34 of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act.
As per prosecution case, marriage of the petitioner was solemnized with the informant on 12.07.2019. The allegation against the petitioner and his family members is that they have been demanding a Bullet motorcycle in dowry and
Patna High Court CR. MISC. No.24873 of 2022(3) dt.01-12-2022 2/4
when the demand was not fulfilled, they used to abuse and assault the informant and they drove her out from her matrimonial home.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. In fact, informant was never subjected to any cruelty or assault either by the petitioner or by any of his family members. No demand of any Bullet motorcycle was made. The allegations are completely vague and omnibus and no date has been mentioned about any of the occurrences. Learned counsel further submits that the informant is a lady of abnormal behavior suffering from some mental condition and she was being treated for her mental ailments and this fact was suppressed from the petitioner and his family members. The petitioner was being treated and a photocopy of prescription of P.M.C.H has been brought on record which shows she was being treated much before the lodging of the present case and her clinical history goes back to five years. Learned counsel further submits that the informant does not want to stay with the petitioner and left her matrimonial home. The petitioner has not performed second marriage and allegation in this regard is false. Charge sheet has been submitted in this case and the petitioner
Patna High Court CR. MISC. No.24873 of 2022(3) dt.01-12-2022 3/4
is in custody since 19.02.2022.
Learned A.P.P. for the State as well as learned counsel
appearing on behalf of the informant oppose the submission made on behalf of the petitioner. Learned counsel for the informant submits that the petitioner tortured and treated the informant with cruelty on account of demand of Bullet motorcycle.
Having regard to the facts and circumstances and submission made on behalf of the parties and considering the submission of charge sheet along with period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M-I, Saran at Chapra in connection with Taraiya P.S. Case No. 411 of 2021, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
Patna High Court CR. MISC. No.24873 of 2022(3) dt.01-12-2022 4/4
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
Gautam/daya
U T
2 issues framed by the court
Whether the petitioner entitled to bail on bond of Rs. 20,000/- with sureties for alleged offences under Dowry Prohibition Act and IPC.
Whether allegations of dowry demand and cruelty are sufficient to justify continued detention of petitioner.
1 provisions across 1 enactments
Lallan Giri
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
