Wednesday, August 14, 2013

PATNA HC : husband ready to keep wife with full diginity, WIFE REFUSES, still husband given AB


PATNA HC : husband ready to keep wife with full dignity, wife refuses, husband given AB

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IN THE HIGH COURT OF JUDICATURE AT PATNA 

Criminal Miscellaneous No.15187 of 2013 

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Rishikesh Pal son of Sri Basudeo Mandal **** **** Petitioner/s

Versus

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

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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

ORAL ORDER

06-08-2013 

Petitioner being husband of the informant is languishing in custody since 19.02.2013 in a case registered for the offences punishable under Sections 307, 313, 323, 354, 379, 498A, 504, 506, 120B of the I.P.C. and ¾ of the Dowry Prohibition Act.

The basic accusation is of torture and getting the pregnancy terminated.

On 02.05.2013 the notices were issued to the informant when petitioner was granted provisional bail. 

Thereafter attempt was made to reconcile the issue between the parties which gets reflected from the orders dated 09.05.2013 and 14.05.2013. 

On 25.06.2013 the stand of the petitioner was recorded that he is ready to keep the informant as wife with full dignity and honour when the offer was refused by the informant since she was apprehensive due to the past conduct of the petitioner. Similar is the stand of the petitioner and the informant even today. In the circumstance, chances of reconciliation at present is not feasible. Petitioner is ready to pay Rs. 2000/- to the informant from September, 2013, by depositing the same in the bank account of the informant by second week of every month. The aforesaid offer is acceptable to the informant who undertakes to supply the bank account number within a period of two weeks by filing the same on affidavit before learned Court below.

Considering the aforesaid stand of the parties, the provisional bail granted to the petitioner vide order dated 02.05.2013 is hereby confirmed in connection with Mahila(Sadar) P.S. Case No. 48 of 2012, pending in the Court of learned Chief Judicial Magistrate, Purnea. The aforesaid payments will be subject to any order being passed in matrimonial or maintenance proceeding. Three consecutive defaults in payment will give liberty to the informant to file appropriate application for cancellation of bail of the petitioner. 

(Dinesh Kumar Singh, J)

Shageer/-


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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