The Patna High Court granted anticipatory bail to the petitioner, Vishwanath Goshwami, who was apprehending arrest in a dowry harassment case before the District Magistrate, Jehanabad.
Petitioner granted bail on Rs. 10,000 bond with two sureties if he surrenders within 30 days.
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.56870 of 2023
Arising Out of PS. Case No.-39 Year-2021 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad
======================================================
VISHWANATH GOSHWAMI SON OF BADRI GOSHWAMI RESIDENT OF VILLAGE- WARISALIGANJ, PS- WARISALIGANJ, DIST- NAWADA
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Bijendra Kumar, Advocate For the Complainant : Mr. Manoj Kumar, Advocate For the State : Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
Heard Mr. Bijendra Kumar, learned counsel for the petitioner, Mr. Manoj Kumar, learned counsel appearing on behalf of the Complainant and Mr. Rajesh Kumar, learned APP for the State.
Patna High Court CR. MISC. No.56870 of 2023(4) dt.13-12-2023 2/3
petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that in fact the marriage was performed with the Complainant in the year 2018 and the present complaint petition has been filed in the year 2021 and the allegation as alleged in the complaint petition is false and fabricated and in fact the complainant always tried to pursue the petitioner to live separately from her matrimonial home and the petitioner is not ready for the same on account of the present and false fabricated case been filed against the petitioner and even when the petitioner has been granted interim protection from the Hon’ble Court the complaint had abused the petitioner and handed over to the police and when the petitioner had produced the order of this Hon’ble Court then he was released from custody.
Patna High Court CR. MISC. No.56870 of 2023(4) dt.13-12-2023 3/3
Complaint Case No. 39 of 2021, 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 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 T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in case of arrest or surrender regarding allegations under Section 498A IPC.
1 provisions across 1 enactments
VISHWANATH GOSHWAMI
THE STATE OF BIHAR
GURIA DEVI
RAJESH KUMAR VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
