Saturday, October 19, 2013

Patna HC. 1 YEAR Anticipatory Bail for 498a husband subject to conditions !!

Patna HC. 1 YEAR Anticipatory Bail for 498a husband subject to conditions !! *****************************************************************************


The Hon HC says ....

"...........petitioner no. 1 be released on provisional anticipatory bail for one year in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) ..............."

"........The provisional bail of the petitioner no.1 will be confirmed within one year by the learned court below in three eventualities:-
(i) on substantial restoration of the matrimonial harmony;
(ii) or if the complainant is reluctant to reconcile the issue; and
(iii) or if the complainant fails to appear before the learned court below............"

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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 Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo .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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CASE FROM JUDIS / INDIAN KANOON WEB SITE 
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PATNA HIGH COURT - ORDERS
VINAY RAM & ORS. VS STATE OF BIHAR & ANR ON 9 OCTOBER, 2013

IN THE HIGH COURT OF JUDICATURE AT PATNA 

Criminal Miscellaneous No.33414 of 2013 

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1. Vinay Ram

2. Sukat Ram

3. Goda Devi

4. Vijay Ram

.... .... Petitioner/s

Versus

1. The State Of Bihar

2. Rinku Devi

.... .... Opposite Party/s

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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

ORAL ORDER

02/ 09-10-2013 Heard learned counsels for the petitioner and the State.

The petitioner no. 1 being the husband of the complainant and petitioner nos. 2, 3 and 4 being the parents and brother of petitioner no. 1 are apprehending their arrest in a complaint case in which cognizance has been taken for the offences punishable under Section 498A of the Indian Penal Code. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ 

The accusation is of torture.

On instruction it is submitted by learned counsel for the petitioners that the petitioner no. 1 is ready to keep the complainant as wife with full dignity and honour.

Considering the present stand of the petitioner no. 1, let the above named petitioner no. 1 be released on provisional anticipatory bail for one year in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Motihari in connection with Complaint Case No. 336C of 2012, Tr. No. 3067 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Let the learned court below issue notice to the complainant on her appearance the petitioner no.1 will take the complainant to keep her as wife with full dignity and honour.  http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ 

The provisional bail of the petitioner no.1 will be confirmed within one year by the learned court below in three eventualities:-
(i) on substantial restoration of the matrimonial harmony;
(ii) or if the complainant is reluctant to reconcile the issue; and
(iii) or if the complainant fails to appear before the learned court below.

Considering the present stand of the petitioner no. 1, let the above named petitioner nos. 2, 3 and 4 be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Motihari in connection with Complaint Case No. 336C of 2012, Tr. No. 3067 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 

(Dinesh Kumar Singh, J.)

DKS/


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