In a criminal miscellaneous petition for anticipatory bail, the petitioner pledged to remove procedural defects within three weeks. The court granted bail upon surrender within six weeks, fixing a bond of Rs. 25,000 with two sureties.
Petitioner to surrender within six weeks on bail bond of Rs. 25,000 with two sureties to clear pending defects.
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.2647 of 2022
Arising Out of PS. Case No.-30 Year-2021 Thana- MAHILA P.S. District- Siwan
======================================================
Alamgir Ansari S/O- Pir Mohammad Resident Of Village - Hazpurwa, P.S. G.B. Nagar, Dist. Siwan.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar, Adv. For the Opposite Party/s : Mr. Asha Kumari, APP Mr. Arvind Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
3 05-12-2022 Heard the parties.
Learned counsel for the petitioner submits that he has
filed the supplementary affidavit today in the Court. Let it be kept on record.
Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 498(A) of the Indian Penal Code.
Petitioner, who is husband of opposite party no. 2, is
Patna High Court CR. MISC. No.2647 of 2022(3) dt.05-12-2022 2/2
said to have ousted the opposite party no. 2 from her matrimonial home in association of his family members over the dowry demand.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is the compromise in between the parties. This fact has not been denied by the learned counsel for the opposite party no. 2. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.
Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of the case, let the above named petitioner 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 the learned court below where the case is pending/successor court in connection with Mahila P.S. Case No. 30 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
guddukr/- U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner in a case involving offences under Sections 341, 323 and 498A of the IPC.
What conditions should be imposed on the grant of bail, including the amount of bail bond and surety requirements.
4 provisions across 2 enactments
Alamgir Ansari
The State Of Bihar
Roshni Khatoon
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
