Oral order granting anticipatory bail to a petitioner apprehending arrest in a dowry harassment case under IPC 498A. Bail conditioned on furnishing bond and sureties within six weeks, subject to court satisfaction.
Petitioner released on bail if arrested or surrenders within six weeks, on furnishing Rs. 25,000 bond with two sureties of equal amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7706 of 2023
Arising Out of PS. Case No.-730 Year-2021 Thana- ROHTAS COMPLAINT CASE DistrictRohtas
======================================================
ROHIT KUMAR Son of Ayodhya Sah R/v- Kali Bigha, P.S.- Indrapuri, District- Rohtas
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rajani Kant Singh, Adv. For the Opposite Party/s : Ms.Rita Verma, APP. Mr. Vinay Kumar Singh, Adv. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
3 27-06-2023 Heard the parties.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code.
Petitioner, who is husband of opposite party no2., is said to have tortured upon her physically and mentally and ousted her 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 the demand of dowry. The petitioner has relied upon the
Patna High Court CR. MISC. No.7706 of 2023(3) dt.27-06-2023 2/2
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. It is further submitted that the petitioner is ready to keep her with full honour and dignity.
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 Complaint Case No. 730 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 Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.
(Anjani Kumar Sharan, J)
divyanshi/- U T
2 issues framed by the court
Whether the petitioner to be released on anticipatory bail in a case under Section 498A of the IPC?
Whether the petitioner to be released on bail upon arrest or surrender within six weeks?
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
2 provisions across 2 enactments
Rohit Kumar
The State of Bihar
Manti Kumari
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
