The petitioner was alleged of torture and dowry demand from the opposite party. the court on previous orders directed the petitioner to keep the lady with dignity and security. The contentions were made that the petitioner demanded dowry and warned of dire consequences on such failure. The matter was heard and pre-arrest bail was granted. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Ram Kumar v. The State of Bihar[Criminal Miscellaneous No. 78962 of 2019].
The facts of the case were that the Petitioner was apprehended arrest in connection with Complaint Case, instituted under Sections 498-A/34 of the Indian Penal Code and 4 of the Dowry Prohibition Act, 1961. The petitioner is the husband of the opposite party has been accused of demanding dowry and committing mental and physical torture.
The Learned Counsel for Petitioner submitted that as per the previous orders given by the courts in a case, Court had directed to keep the informant with full dignity, honor, and security. The Counsel for the Opposite party submitted that the previous day they communicated about threatening and warning for dire consequences.
The Learned Additional Public Prosecutor submitted that he had no other instructions to give to the superintendent to look into the matter and follow the guidelines provided in the previous case hearing. The Court was surprised at such a stand of him.
The Hon’ble High Court of Patna held after considering all facts and considerations, allowed the grant of pre-arrest bail. The court added,”… the petitioner shall give an undertaking before the Court that he shall keep the opposite party no. 2 with fully dignity, honor and security and shall take care of all her needs and that she would be free to talk and to and meet anybody she desires, without any let or hindrance, either from the petitioner or his family members. Any violation of the terms and conditions of the bonds or undertaking and failure to cooperate shall lead to cancellation of his bail bonds.” Police protection was also provided to the opposite party.
Judgment Reviewed By Nimisha Dublish