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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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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