Wednesday, August 14, 2013

Ant Bail for husband as wife, wife's side did appear in-spite of notice. Patna HC. Both ordinary &Regd.AD served !!

Ant Bail for husband as wife, wife's side did appear inspite of notice. Patna HC. Both ordinary &Regd.AD served !! Then we get a doubt !!, what happnes IF wife apprears and opposes such a case ??? if wife opposs a panchayat "force to live with wife" happens ???? or moolah paid or ????


Notes
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Husband accused of dowry torture under sections Sections 498A of the Indian Penal Code and ¾ of Dowry Prohibition Act.
Husband apprehends arrest
Husband applies for AB
Notices served ON wife thru her counsel in lower court and also thru regd post
wife hasn't appeared after both notices
So husband granted AB 

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IN THE HIGH COURT OF JUDICATURE AT PATNA 

Criminal Miscellaneous No.2251 of 2013


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1. Naresh Kumar Choudhary S/O Ram Sevak Choudhary **** **** Petitioner/s

Versus

1. The State Of Bihar **** **** Opposite Party/s

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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA

ORAL ORDER

06-08-2013 

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. 

Petitioner being husband of the complainant apprehends his arrest in connection with Complaint Case No. 142 of 2012 in which cognizance has been taken for the offences punishable under Sections 498A of the Indian Penal Code and ¾ of Dowry Prohibition Act.

It would appear from the record that notice was issued to the complainant by both the process i.e. registered cover with A/D as well as ordinary process and it was directed that notice through ordinary process shall go to the concerned court to be served upon the counsel appearing on behalf of the complainant in the lower court.


The process server has reported that notice issued to the complainant through her counsel was served and so far as notice under registered cover with A/D is concerned, the A/D reveals that notice was received by father of the complainant. It would appear that in spite of service of notice none appeared on behalf of the complainant to oppose the prayer for bail of the petitioner.

No doubt, petitioner is husband of the complainant and there is allegation of illegal demand as well as torturing but considering this aspect of the matter that no one has appeared on behalf of the complainant to oppose the prayer for bail of the petitioner, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within three weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, East, Muzaffarpur in Complaint Case No. 142 of 2012 subject to condition as laid down under Section 438(2) of the Cr.P.C. 

(Hemant Kumar Srivastava, J)

SHAHZAD/-




*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
 
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Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist