This order grants anticipatory bail to the petitioner apprehending arrest in a dowry harassment FIR. The petitioner relied on the divorce case and delay in filing the complaint, while the prosecution opposed the prayer.
Anticipatory bail granted subject to surrender within six weeks and furnishing a bail bond of Rs. 20,000 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.34785 of 2023
Arising Out of PS. Case No.-746 Year-2022 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur
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Anand @ Anand Kumar Sharma (Male), aged about 45 years, Son of Uday Shankram @ Uday Sharma, Resident of Village- Husena Raghav, PSVaishali, Dist- Vaishali.
... ... Petitioner
Versus
... ... Opposite Parties
====================================================== Appearance : For the Petitioner : Mr. Rajeev Ranjan No.II, Advocate For the O.P. No. 2 : Mr. Sanjay Kr. @ S.K., Advocate For the State : Mr. Ahmad Ali, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
4 28-11-2023
Learned counsel for the petitioner is permitted to
remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
Patna High Court CR. MISC. No.34785 of 2023(4) dt.28-11-2023 2/4
Sections 498A of the I.P.C. and ¾ of the D.P. Act.
co-accused persons are alleged to have tortured the complainant due to non-fulfilment of demand of Motorcycle and Rs. 2,00,000/- as dowry.
Patna High Court CR. MISC. No.34785 of 2023(4) dt.28-11-2023 3/4
Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182” and in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Anr. passed in Criminal Appeal No (s). 2207 of 2023 arising out of Special Leave Petition (CRL.) No. 3433 of 2023. Learned counsel for the petitioner has further submitted that Section 498A of the Indian Penal Code is triable by the Magistrate. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application.
Patna High Court CR. MISC. No.34785 of 2023(4) dt.28-11-2023 4/4
(Chandra Prakash Singh, J)
U.K./- U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail on furnishing a bail bond and sureties in a complaint case alleging dowry harassment.
Whether the allegations of false implication and delay in filing the FIR warrant the grant of anticipatory bail.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharRelied on¶23
2006(3) PLJR 182
Satendra Kumar Antil Vs. Central Bureau of Investigation and AnotherRelied on¶23
(2022) 10 SCR 351 · Who else cites this
Md. Asfak Alam Vs. The State of Jharkhand & Anr.Relied on¶23
Criminal Appeal No (s). 2207 of 2023 arising out of Special Leave Petition (CRL.) No. 3433 of 2023
3 provisions across 3 enactments
Anand @ Anand Kumar Sharma
The State of Bihar
Rangila Kumari
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
