Saturday, October 19, 2013

Patna HC. 1 Yr Anticpatory Bail for 498a hubby ; 2nd out of apporx 10 cases on same day 09th Oct '13 ; are these husbands FORCED to accept the wife back so as to avoid arrest ??



Patna HC. 1 Yr Anticpatory Bail for 498a hubby ; 2nd out of apporx 10 cases on same day 09th Oct '13 ; are these husbands FORCED to accept the wife back so as to avoid arrest ??

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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 Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo .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
Kamod Kumar Choudhary vs State Of Bihar & Anr on 9 October, 2013
IN THE HIGH COURT OF JUDICATURE AT PATNA 
Criminal Miscellaneous No.34273 of 2013 
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Kamod Kumar Choudhary .... .... Petitioner/s

Versus

State Of Bihar & Anr .... .... Opposite Party/s
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

ORAL ORDER

09-10-2013 

Heard learned counsel for the petitioner and the State. 

The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which cognizance has been taken under Sections 498A,323,379,504, 341 of the Indian Penal Code and Section 3 / 4  of the Dowry Prohibition Act.  http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ 

The accusation is of torture for non-fulfillment of the dowry demand.

On instruction, learned counsel for the petitioner submits that the petitioner is ready to keep the complainant as wife with full dignity and honour. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ 

Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, (West) Muzaffarpur in connection with Complaint Case No.2580 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C. 

Let the learned Court below issue notice to the complainant for her appearance when on her appearance, the petitioner 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 will be confirmed by learned Court below in three eventualities 
(i) if the matrimonial harmony is substantially restored 
(ii) if the complainant fails to appear before the learned Court below or 
(iii) if the complainant is reluctant to reconcile the issue.

(Dinesh Kumar Singh, J)

Amrendra/-Ashwini






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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