The High Court at Patna granted conditional anticipatory bail to the petitioner who apprehended arrest in a complaint case. Bail conditions were set for surrender within six weeks.
Anticipatory bail granted subject to surrender within six weeks and furnishing bonds of Rs. 10,000 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 14118 of 2023
Arising Out of PS. Case No.-560 Year-2021 Thana- KATIHAR COMPLAINT CASE District- Katihar
======================================================
RAJA KUMAR @ RAJA SAHNI S/o Munshi Sahni R/o Gadighat, P.S.Mansahi, Distt- Katihar.
... ... Petitioner/s
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Mr Md Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 04-09-2023 Heard learned counsel for the petitioner and the
learned APP.
2 Despite valid service of notice, no body appears on behalf of Opposite Party No 2.
3 The petitioner apprehends arrest in Complaint Case No 560 of 2021 registered for the offence punishable under Section 498A of Indian Penal Code and Section 4 of Dowry Prohibition Act.
4 As per the prosecution case, all the named accused persons including this petitioner tortured and harassed the complainant due to non-fulfillment of demand of dowry.
5 Learned counsel for the petitioner submits that the petitioner happens to be husband of the complainant and present
Patna High Court CR. MISC. No.14118 of 2023(5) dt.04-09-2023 2/2
case has been lodged due to petty family dispute. There is general and omnibus allegation of commission of assault against him. It is further submitted that petitioner is ready to keep the complainant, as his wife, with full honour and dignity. It is next submitted that the case is triable by the Magistrate. In this connection, petitioner has relied upon a judgment of this Court in the case of Md Najmul Haque Ansari @ Naimul Haque Ansari & Others -Versus- The State of Bihar , since reported in 2006 (3) PLJR 182 .
6 Learned APP has vehemently opposed the prayer for anticipatory bail.
7 Considering the rival submissions, in the event of arrest/surrender within a period of six weeks from today, the petitioner above named be enlarged on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Katihar in Complaint Case No 560 of 2022 subject to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J)
M.E.H. /-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving offences under Section 498A IPC and Dowry Prohibition Act.
Colour shows how this judgement treated each authority
Md Najmul Haque Ansari @ Naimul Haque Ansari & Others vs The State of BiharReferred¶21
Md Najmul Haque Ansari @ Naimul Haque Ansari & Others -Versus- The State of Bihar, 2006 (3) PLJR 182
1 provisions across 1 enactments
RAJA KUMAR @ RAJA SAHNI
The State of Bihar
Sarswati Devi
PRABHAT KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
