Pre-Arrest Bail denied and Interim Order passed to protect stood cleared on establishing up the reason for Assault and Dowry Demand: High Court Of Patna

The applicant asserted torment, attack, and endowment request were denied the pre-capture bail. Additionally, the interim protection of him was cleared by the Court orders. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Abhay Kumar v. The State of Bihar[Criminal Miscellaneous No. 78092 of 2019].

Facts of the case were that the petitioner was apprehended arrest regarding Case, established under Sections 498A, 323, 324, 325, and 307/34 of the Indian Penal Code. The applicant is the spouse of the witness. He alongside the other relatives were blamed for the attack, torment, and settlement interest of money of Rs. 5 Lakhs and drove her out of her wedding home.

The Petitioner’s learned guidance presented that it was the witness who wasn’t intrigued to reside in the applicant’s home as she generally continued to go to her parent’s home. It was presented that in the FIR, it has been expressed that Rs. 18 lakhs was spent on the marriage, which is bogus for the explanation that the candidate is in the occupation in a private firm and, consequently, there was no event for the group of the witness spending such a lot of cash on him in the marriage.

The learned guidance presented that the solicitor has additionally documented a case charging that the relatives of the source had gone to his place and had attacked the detainees and had likewise persuasively taken his mom to the town of the witness where her hair was trimmed. Learned guidance presented that the applicant from the beginning has been prepared to keep the witness however she isn’t collaborating because of the negative impact of her family members.

The Additional Public Prosecutor battled that the solicitor was making hindrances in the marital relationship to make it hard for the witness to remain at the wedding home. Learned insight for the witness presented that the solicitor is an exceptionally smart individual and right from the start, he has been making issues and circumstances so the source might leave the marital home.

It was presented that after the attack, the witness must be conceded to PMCH where she was treated for different wounds brought about by torment and attack by the candidate and his relatives. Learned guidance presented that the lead of the candidate is obvious evidence that he is some way or another attempting to try not to assume liability for the source and keep her as his significant other in the marital home.

The Hon’ble High Court Of Patna held,” Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court finds that repeatedly it has given indulgence and chance to the petitioner to live up to his commitment that he is ready to keep the informant with him for which exercise was directed many times and every time, the Court finds that due to some shortcoming on the side of the petitioner, such exercise failed and even with regard to the last exercise, the informant has brought photographs on record showing that she is waiting outside the locked gate of the house where the petitioner was to take her but he did not turn up.” After taking the entire outline of the matter the applicant was not conceded the pre-capture bail. Interval security was allowed to the solicitor before was cleared.

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Judgment Reviewed By Nimisha Dublish

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