Guidelines for arresting a person

The Patna High Court passed a judgement on 2nd of July, 2014, laying down the guidelines for arresting a person. The case of Arnesh Kumar vs. State of Bihar with the Criminal Appeal No. 1277/2014, was presided over by Honorable Chief Justice Chandramauli Kr. Prasad and Honorable Justice Pinanki Chandra Ghose.



Facts Of The Case:

In sum and substance, allegation levelled by the wife against the husband i.e the appellant was demand of Rs. 8 Lakhs, a Maruti car, an air conditioner, television etc. was made by her mother in law and father in law and when this facts was brought to the notice of the appellant he supported his mother and instead threatened the wife to marry another woman. It has also been alleged that she was driven out of the matrimonial home due to the non fulfillment of the demand of dowry conditions.

Denying to such allegations, the appellant Mr. Arnesh Kumar preferred an application for an Anticipatory Bail which was earlier being rejected by the Sessions Judge and thereafter by the Honorable High Court.

The Petitioner apprehended his arrest under Section 498A of IPC and Section 4 of Dowry Prohibition Act, 1961. The maximum sentence provided under Section 498A of IPC is imprisonment for a term which may extend to three years and fine whereas the maximum sentence provided under Section 4 of Dowry Prohibition Act is two years along with imposing of fine. His repeated attempt of securing anticipatory bail has failed and he finally approached Honorable Supreme Court by the way of Special Leave Petition.

Click here to read the judgement


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