In a criminal miscellaneous matter arising from a dowry complaint, the Patna High Court, relying on a mediation report confirming dispute resolution, ordered the petitioner's release on bail and set specific conditions.
Release of petitioner on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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.17096 of 2023
Arising Out of PS. Case No.-330 Year-2020 Thana- MADHUBANI COMPLAINT CASE District- Madhubani
======================================================
Tanoj Kumar S/o Shambhu Kumar Sharma R/o Mohalla- Lohiya Nagar, Near Police Line , Post Surhidnagar, P.S.- Town, (Lohiya Nagar O.P.), DisttBegusarai.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
3 10-10-2023
Heard Mr. Sandip Kumar Gautam, learned counsel
for the petitioner and Mr. Shyameshwar Dayal, learned APP for the State.
connection with Complaint Case No. 330 of 2020, dated 25.11.2020 registered for the offences punishable under Sections 341, 323, 498(A), 379, 313, 504, 34 of the Indian Penal Code and Sections ¾ of the Dowry Prohibition Act but the learned Court below has taken cognizance under Section 498(A) of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act.
Patna High Court CR. MISC. No.17096 of 2023(3) dt.10-10-2023 2/4
dowry and torture mentally and physically for non-fulfillment of demand of dowry.
Patna High Court CR. MISC. No.17096 of 2023(3) dt.10-10-2023 3/4
petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jhanjharpur, DistrictMadhubani in connection with Complaint Case No. 330 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for
Patna High Court CR. MISC. No.17096 of 2023(3) dt.10-10-2023 4/4
cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U
1 issue framed by the court
Whether the petitioner should be released on bail after a successful mediation in a complaint case based on Sections 341, 323, 498(A), 379, 313, 504 and 34 IPC and Dowry Prohibition Act.
1 provisions across 1 enactments
Tanoj Kumar
The State of Bihar
Naina Sharma
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
