* The Hon SC has clearly stated how many members of the husband's family are roped into 498a cases to put pressure on them
* in many such cases all of them apprehend arrest and run for bail
* In the instant case, decided just a few days ago, seven members of a family, excluding the hubby !!, i.e. hubby's brothers, their sons and other relatives apprehend arrest
* Ablaa has filed cases under 498A, 323, 354 etc
* In case some one forgot, The Indian Penal Code. 354 = Assault or criminal force to woman with intent to outrage her modesty !!!
* So one can understand the allegations against the husband's brothers
* All these seven seek bail and are thankfully granted provisional bail
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Jharkhand High Court
Arjun Mahto And Ors vs The State Of Jharkhand And Anr on 24 July, 2014
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B. A. No. 2406 of 2014
1. Arjun Mahto
2. Awadhesh Mahto
3. Rameshwar Mahto
4. Gautam Kumar
5. Rita Devi
6. Nagendra Kumar
7. Vijay Kumar ... Petitioners
Versus
1. State of Jharkhand
2. Sulekha Devi ... Opposite Parties ..........
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioners : Mrs. Rashmi Kumari, Advocate
For the State : A.P.P.
http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com
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24.07.2014
An urgency slip was filed by the counsel for the applicants and therefore, the matter has been heard today. Let notice to the Opposite Party No. 2 be issued under registered cover with A/D as well as by ordinary process for which requisites etc. must be filed within a period of two weeks.
The learned counsel appearing for the applicants submits that the applicants are apprehending their arrest in Complaint Case No. 801 of 2013 under Sections 498A, 323, 354 (1)(A)(ii) of the Indian Penal Code. The learned counsel appearing for the applicants submits that the applicant nos. 1 and 2 are the elder brothersinlaw, applicant no. 3 is the son of applicant no. 1, applicant no. 4 is the son of applicant no. 2, applicant no. 5 is the sisterinlaw and applicant nos. 6 and 7 are Bhagina of the complainant.
She further submits that applicant no. 1 to 5 are residing at Patna, Bihar. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com
Post the matter two weeks after service of notice upon Opposite Party No. 2.
The applicants would pay a sum of Rs. 1000/ to the Opposite Party No. 2 on the next date of hearing.
Considering the facts and circumstances, in the event of arrest of the applicants or if they surrender before the trial court within four weeks from today the applicants namely, (1) Arjun Mahto, (2) Awadhesh Mahto, (3) Rameshwar Mahto, (4) Gautam Kumar, (5) Rita Devi, (6) Nagendra Kumar and (7) Vijay Kumar would be released on Provisional Bail on furnishing bail bond of Rs. 10,000/ (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Koderma, in Complaint Case No. 801 of 2013.
Let a copy of this order be sent through FAX on depositing the cost by the applicants.
(Shree Chandrashekhar, J.)
Amit/
*****************************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 movement. SIF as a concept 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.
******************************************************************
CASE FROM JUDIS / INDIAN KANOON WEB SITE
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* Ablaa has filed cases under 498A, 323, 354 etc
* In case some one forgot, The Indian Penal Code. 354 = Assault or criminal force to woman with intent to outrage her modesty !!!
* So one can understand the allegations against the husband's brothers
* All these seven seek bail and are thankfully granted provisional bail
************************************************************
Jharkhand High Court
Arjun Mahto And Ors vs The State Of Jharkhand And Anr on 24 July, 2014
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B. A. No. 2406 of 2014
1. Arjun Mahto
2. Awadhesh Mahto
3. Rameshwar Mahto
4. Gautam Kumar
5. Rita Devi
6. Nagendra Kumar
7. Vijay Kumar ... Petitioners
Versus
1. State of Jharkhand
2. Sulekha Devi ... Opposite Parties ..........
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioners : Mrs. Rashmi Kumari, Advocate
For the State : A.P.P.
http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com
********************************
24.07.2014
An urgency slip was filed by the counsel for the applicants and therefore, the matter has been heard today. Let notice to the Opposite Party No. 2 be issued under registered cover with A/D as well as by ordinary process for which requisites etc. must be filed within a period of two weeks.
The learned counsel appearing for the applicants submits that the applicants are apprehending their arrest in Complaint Case No. 801 of 2013 under Sections 498A, 323, 354 (1)(A)(ii) of the Indian Penal Code. The learned counsel appearing for the applicants submits that the applicant nos. 1 and 2 are the elder brothersinlaw, applicant no. 3 is the son of applicant no. 1, applicant no. 4 is the son of applicant no. 2, applicant no. 5 is the sisterinlaw and applicant nos. 6 and 7 are Bhagina of the complainant.
She further submits that applicant no. 1 to 5 are residing at Patna, Bihar. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com
Post the matter two weeks after service of notice upon Opposite Party No. 2.
The applicants would pay a sum of Rs. 1000/ to the Opposite Party No. 2 on the next date of hearing.
Considering the facts and circumstances, in the event of arrest of the applicants or if they surrender before the trial court within four weeks from today the applicants namely, (1) Arjun Mahto, (2) Awadhesh Mahto, (3) Rameshwar Mahto, (4) Gautam Kumar, (5) Rita Devi, (6) Nagendra Kumar and (7) Vijay Kumar would be released on Provisional Bail on furnishing bail bond of Rs. 10,000/ (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Koderma, in Complaint Case No. 801 of 2013.
Let a copy of this order be sent through FAX on depositing the cost by the applicants.
(Shree Chandrashekhar, J.)
Amit/
*****************************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 movement. SIF as a concept 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.
******************************************************************
CASE FROM JUDIS / INDIAN KANOON WEB SITE
******************************************************************
*****************
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Vinayak
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
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