Allowed¶21

Gopal Sada v. The State of Bihar

Patna HC29 Jan 2024CR. MISC./20103/2023

Case brief

AI extract

What is this about?

Gopal Sada anticipatory bail; Patna High Court CRIMINAL MISCELLANEOUS No. 20103 of 2023; Anjani Kumar Sharan, J.; decided 29-01-2024; Sections 498A, 323 IPC; Section 4 Dowry Prohibition Act; Section 438(2) Cr.P.C.; Saharsa Complaint Case No. 680C of 2019; dowry demand; ouster from matrimonial home; Chandika Devi; bail bond Rs.25,000/- with two sureties; District Mediation Center reconciliation; Md. Naimul Haque Ansari 2006 (3) PLJR 182.

What did the court decide?

Release on anticipatory bail in the event of arrest or surrender within six weeks, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each, subject to conditions under Section 438(2) of the Cr.P.C.; liberty to seek referral to District Mediation Center for reconciliation/one time settlement. ¶21

Gopal Sada Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who apprehends arrest in Saharsa Complaint Case No. 680C of 2019 (registered for offences under Sections 498A, 323 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act), should be released on anticipatory bail under Section 438 Cr.P.C.

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Ratio / Principle

Anticipatory bail granted: the petitioner is to be released on bail in the event of his arrest or surrender before the Court below within six weeks, on furnishing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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Key takeaways

If so advised, either of the parties will be at liberty to apply before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.obiter¶22

Detailed headnote1 paragraphs

Anticipatory bail granted to the petitioner (husband of opposite party no. 2) who apprehended arrest in Saharsa Complaint Case No. 680C of 2019, registered for offences under Sections 498A and 323 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, wherein he was alleged to have ousted his wife from the matrimonial home with his family members over a dowry demand. Bail ordered on a bond of Rs.25,000/- with two sureties of the like amount each, subject to the conditions of Section 438(2) Cr.P.C.; parties left at liberty to move the Court below for reference to the District Mediation Center for reconciliation or one time settlement. Counsel had relied on Md. Naimul Haque Ansari v. State of Bihar, 2006 (3) PLJR 182; none appeared for opposite party no. 2 despite service of notice.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20103 of 2023

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Arising Out of PS. Case No.-680 Year-2019 Thana- SAHARSA COMPLAINT CASE District- Saharsa

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======================================================

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Gopal Sada Son Of Dinesh Sada Resident Of Village - Pastpar Hata, Musahri, P.S.- Saur Bazar (Patarghat O.P.), District - Saharsa.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Chandika Devi Wife of Gopla Sada D/O Yogendra Sada, Presently Residing Village - Bhelwapatti Dhabauli, P.S.- Saur Bazar (Patarghat O.P.), District - Saharsa.

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... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Kanchan Jha For the Opposite Party/s : Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 29-01-2024

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Heard learned counsel for the parties.

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Inspite of valid service of notice, none is appeared on behalf of the opposite party no. 2.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 323 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

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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.

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It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has

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Patna High Court CR. MISC. No.20103 of 2023(3) dt.29-01-2024 2/2

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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 judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs.

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The State of Bihar , reported in 2006 (3) PLJR 182 .

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In that view of the matter, let the above named petitioner, be released on anticipatory 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 Saharsa Complaint Case No. 680C of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

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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.

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(Anjani Kumar Sharan, J)

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devendra/-

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U T

Gopal Sada v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Gopal Sada v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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