AT PATNA CRIMINAL MISCELLANEOUS No. 61727 of 2021 · Patna High Court
Case at a glance
Provisions considered
- Indian Penal Code, 1860 s. 498(A)
- Hindu Marriage Act, 1955
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
Sabhyata W/o Mr. Amit Kumar, D/o Rajdeo Singh R/o village- Bhadasi, P.S.- Arwal, District- Arwal, At present- PET (F) MINICOY, Lakshdweep, UT., PIN 682559 ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER Mr.Sanjeev Kumar Ms.Nirmala Kumari 15 20-09-2023 Heard learned counsel for the petitioner and the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code.
Allegation is of commission of torture and harassment to the complainant/opposite party no. 2 for dowry. Petitioner happens to be the husband of complainant/opposite party no. 2.
It is submitted that opposite party no. 2/complainant had earlier filed a petition under Section 13(1)(1-a) of the Hindu Marriage Act for dissolution of her Patna High Court CR. MISC. No.61727 of 2021(15) dt.20-09-2023 marriage by a decree of divorce bearing Matrimonial Case No. 52 of 2019. It is further submitted that during pendency of the present case, marriage of the opposite party no. 2 with petitioner has been dissolved by way of the decree of divorce with effect from 31.03.2023, under the judgment/order dated 31.03.2023 passed by the learned Principal Judge, Family Court, Jehanabad vide Annexure-2 to this petition.
Considering the facts aforesaid, the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Complaint Case No. 149 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T
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