Single judge issued oral order granting anticipatory bail to petitioner in dowry harassment case, subject to bond amount and sureties within six weeks.
Released on bail on execution of bond of Rs. 25,000 with two sureties of the like amount within six weeks.
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.3030 of 2020
Arising Out of PS. Case No.-158 Year-2019 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur
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Ramesh Chandra Tiwari @ Ramesh Chandra Tiwary S/O Late Kailash Tiwari R/O Mohalla- Bijay Colony, P.S.- Barahatt, Ishipur, District- Bhagalpur
... ... Petitioner/s
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Shyam Kishor Das For the Opposite Party/s : Mr. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
3 14-02-2023 Heard learned counsel for the parties.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
Petitioner, who is the father-in-law of opposite party no2., is said to have tried to commit wrong deeds with bad eyes by pulling her down on bed but, when she raised protest by crying on that, the accused petitioner left her room.
It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence and has falsely been implicated in this case as being a
Patna High Court CR. MISC. No.3030 of 2020(3) dt.14-02-2023 2/2
sick and old father-in-law on the baseless allegations. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. He submits that the allegation levelled against the petitioner was false and concocted and it was lodged only to harass and humiliate the petitioner. He further submits that the complainant does not want to live in joint family. He also submits that the petitioner has got no criminal antecedent.
Learned APP for the State opposes the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, 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 Complaint Case No. 158 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
anand/- U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner against arrest in a dowry harassment case.
Whether conditions for release on bail including bond and sureties are appropriate in this case.
1 provisions across 1 enactments
Ramesh Chandra Tiwari
The State Of Bihar
Priti Kumari
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
