Monday, July 28, 2014

Hubby jailed SIX MONTHS B4 bail. Alleged matri discord turned to 498a case !! fate of married Indian men !!


Patna High Court - Orders

Rajesh Rai @ Rajesh Kumar vs The State Of Bihar on 24 January, 2014

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3347 of 2014

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Rajesh Rai @ Rajesh Kumar, son of Ashoka Rai, resident of Village- Raghunath Tola, Anishabad, P.S. Gardanibagh, District- Patna. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH

ORAL ORDER

24-01-2014


Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case in which cognizance has been taken for the offences punishable under Sections 498A, 406 and 323 of the Indian Penal Code as also Sections 3 and 4 of the Dowry Prohibition Act. It is contended that the petitioner is in custody since 2nd July, 2013.  Admittedly, the marriage took place in 2004 and the complaint was filed in 2009. The further contention is that there is no truth behind the allegation of subjecting the complainant to cruelty for non-fulfillment of demand of dowry. As a matter of fact, the instant case has been instituted due to marital discord and incompatibility between the parties.  http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

Be that as it may, considering the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, Patna in connection with Complaint Case No.974 (C) of 2009.

(Ashwani Kumar Singh, J)

Sunil/-

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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 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.
 
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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