The High Court granted anticipatory bail to the petitioner in a criminal case involving dowry harassment and cruelty, allowing release on bail upon arrest or surrender within six weeks subject to standard conditions.
Petitioner released on bail upon arrest or surrender within six weeks on furnishing bond of Rs.25,000 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.18716 of 2022
Arising Out of PS. Case No.-33 Year-2021 Thana- MAHILA P.S. District- Lakhisarai
======================================================
MANTU MISHRA SON OF LATE JAIKANT MISHRA Resident of village - Banshipur, P.s.- Mednichauki, Distt.- Lakhisarai.
... ... Petitioner/s
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 498(A), 494 and 354(A) of the Indian Penal Code.
Petitioner, who is husband of opposite party no2.,
is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.
It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over
Patna High Court CR. MISC. No.18716 of 2022(5) dt.17-02-2023 2/2
the demand of dowry. He is still ready to keep her with full honour and dignity. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar , reported in 2006 (3) PLJR 182 . In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Thana P.S. Case No. 33 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C..
If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.
Accordingly, this application stands disposed of.
(Anjani Kumar Sharan, J)
anand/- U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner in a case involving offences under Sections 498A, 494, and 354A IPC.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharReferred¶18
2006 (3) PLJR 182
1 provisions across 1 enactments
Mantu Mishra
The State of Bihar
Baby Devi
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
