Author Archives: vinayak

About vinayak

Father of a lovely daughter, criminal in the eyes of a wife, son of an elderly mother, old timer who hasn't given up, Male, activist

Old Madras HC order : DV act NOT ultra vires constitution & special provisions for wife are ok !!

Dennision Paulraj vs The Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.04.2009

CORAM

THE HONOURABLE MR. JUSTICE K.VENKATARAMAN

Writ Petition No.28521 of 2008 and M.P.No.1 of 2008

1.Dennision Paulraj
2.Baby Merey
3.G.Devasagayam
4.Johnson Gunaraj Devasagayam
5.Jasmine Glory
6.Jhansi Rani … Petitioners

vs.

1.The Union of India, rep. by
Secretary,
Ministry of Law and Justice,
New Delhi.

2.Union of India, rep. by
Secretary,
Ministry of Women and Child
Development, New Delhi.

3.State of Tamil Nadu, rep. by
Secretary,
Department of Social Welfare,
Fort St. George, Chennai-9.

4.The Protection Officer,
District Social Welfare Office,

2nd Floor, Collector Office Campus,
Thiruvallur 602 001.

5.The Inspector,
All Women Police Station,

Teynampet, Chennai.

6.Mrs.Mayawinola … Respondents

Writ petition has filed filed under Article 226 of the Constitution of India to issue a writ of Declaration declaring that Sections 12, 18, 19 and 23 of the Protection of Women from Domestic Violence Act, 2005 (Central Act 43 of 2005) as unconstitutional, ultra vires and void.

For petitioners : Mr.K.Moorthy

For respondents : Mr.L.S.M.Hasan Fizal, G.A., for R.1 to R.5

M/s.Ram and Ram, for R.6

O R D E R

By consent, the main writ petition itself is taken up for final disposal.

2. The petitioners have come forward with the present writ petition for a declaration declaring Sections 12, 18, 19 and 23 of the Protection of Women from Domestic Violence Act, 2005 (Central Act 43 of 2005) as unconstitutional, ultra vires and void.

3. The short facts which are necessary for the disposal of the present writ petition, are set out here under:-

3.1. The first petitioner is the husband of the sixth respondent. Petitioners 2 and 3 are his parents. Petitioners 4 to 6 are his brother, sister in law and sister respectively. The first petitioner married the sixth respondent on 05.07.2004 at C.S.I. Trinity Church, Avadi. It is an arranged marriage. After the marriage, the sixth respondent demanded the first petitioner an extravagant and ultra modern life style and made all the other family members as servants for her simple needs and started picking up quarrels with everyone in the family for no reasons. Hence, the first petitioner had to prefer a petition under Section 22 of the Indian Divorce Act for judicial separation on the file of the learned Principal Judge, Family Court, Chennai, in O.P.No.887 of 2005 and the same is at the stage of enquiry. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

3.2. Since the sixth respondent was continuously threatening the petitioners that she is going to prefer a criminal complaint against them, the petitioners approached this Court by filing Crl.O.P.No.6823 of 2005 seeking anticipatory bail and the same was dismissed as there was no case. After coming to know of the orders, the sixth respondent filed a complaint against the petitioners before the fifth respondent under Section 498-A of Indian Penal Code, which compelled the petitioners to approach this Court by filing Crl.O.P.No.10554 of 2005 seeking anticipatory bail and the same was granted by this Court.

3.3. The sixth respondent having failed in her malicious attempt, with an ulterior motive to harass the petitioners, filed an application under Sections 18, 19 and 23(2) of the Protection of Women from Domestic Violence Act, 2005 (herein after referred to as the Act) setting out false and frivolous particulars. The said private complaint filed by the sixth respondent in C.M.P.No.1772 of 2007 in unnumbered M.C.No. / 2007 on the file of the learned Judicial Magistrate No.II, Poonamallee, has been referred to the fourth respondent for conducting enquiry. The petitioners attended the enquiry before the fourth respondent and submitted the malicious intention of the sixth respondent.

3.4 Aggrieved against the calculative and ulterior motivated action of the sixth respondent, the petitioners were constrained to approach this Court to quash the proceedings of the private complaint given by the sixth respondent referred to above in Crl.O.P.No.1772 of 2007 and the same was dismissed on 02.04.2008.

3.5. The proceedings initiated under the said Act is a complete abuse of process of law, especially when it was initiated after the first petitioner filed a petition seeking judicial separation before the Family Court. Hence, the petitioners have approached this Court by filing the present writ petition challenging certain provisions of the said Act. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

4. The main grounds on which the present writ petition has been filed are–

(i) Sections 4, 12, 18, 29 and 23 of the said Act are
discriminatory and biased in favour of the wife and affect
the right of life and liberty of the husband and his
relatives.

(ii) The said Act does not permit the husband to file a
complaint under the Act and hence, it is violative of
Article 14 and 21 of the Constitution of India.

(iii) The proceedings before the learned Judicial
Magistrate No.II, Poonamallee in Crl.O.P.No.1772 of 2007 is
illegal, arbitrary and opposed to principles of natural
justice and violative of Article 14 and 21 of the
Constitution of India.

(iv) The reference by the learned Magistrate to the fourth
respondent for an enquiry even though the sixth respondent
voluntarily left the matrimonial home, is untenable.

(v) The proceedings before the learned Magistrate are
violative of the rights of the husband and his relatives as
per Section 12 of the Act as the proviso to Section 12
envisages a report being received from the fourth
respondent by the learned Magistrate before passing any
orders.

(vi) Section 23 of the said Act suffers from arbitrariness
and confers unrestricted powers on the Magistrate and
hence, ultra vires to the provisions of the Constitution of
India.

5. On notice, learned counsel appearing for the sixth respondent would submit that –

(i) the said Act has been challenged before the Delhi High
Court and the Delhi High Court has held that the said Act
is not ultra vires and unconstitutional.

(ii) special protection given to women is intelligible
differentia and hence, the contention on the side of the
petitioners that the Act is enacted with a view to help
only the female members cannot be accepted.

(iii) The petitioners filed a quash petition before this
Court raising the same grounds and hence, they cannot be
heard to raise the same grounds in the present writ petition.

(iv) No valid ground has been raised to declare few
sections of the said Act as ultra vires.

6. I have considered the submissions made by the learned counsel appearing for the petitioners and the learned Government Advocate appearing for respondents 1 to 5 and the learned counsel appearing for the sixth respondent.

7. The main ground of attack on certain provisions of the Protection of Women from Domestic Violence Act, 2005 are that under the said Act, the husband cannot file any application, but only the wife can file applications. It is therefore, discriminatory and biased in favour of the wife affecting the right of life and liberty to the husband and his relatives, which is violative of Article 14 and 21 of the Constitution of India.

8. As rightly contended by the learned counsel appearing for the sixth respondent, giving certain preferential treatment to the wife and treating them as a special category cannot be termed as violative of either Article 14 or Article 16 of the Constitution of India. Though Article 15 of the Constitution of India prohibits discrimination on grounds of religion, race, caste, sex or place of birth, however, Article 15 (3) states “nothing in this Article shall prevent the State from making any special provision for women and children”. Thus, the Constitution itself provides special provision for women and children. It has been widely resorted to and the Courts have upheld the validity of the special measures in legislation and executive orders favouring women. Thus, when the Constitution itself provides for making special provision for women and children, the contention on the side of the petitioners that there could be no special treatment for women is totally untenable. In tune with Article 15(3) of the Constitution of India, the State has thought it fit to frame a special legislation for women and thus, the Protection of Women from Domestic Violence Act, 2005 came into force. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

9. In A.I.R. 1954 S.C. 321  Yusuf Abdul Aziz v. State of Bombay, the Hon’ble Apex Court, while dealing with the question whether Section 497 of India Penal code contravenes Article 14 and 15 of the Constitution of India, has held that since sex is a sound classification and although there can be no discrimination in general on that ground, the Constitution itself provides for special provisions in the case of women and children by clause (3) of Article 15. Articles 14 and 15 thus, read together validate the last sentence of Section 497 I.P.C. which prohibits the woman from being punished as an abettor of the offence of adultery. Para 6 of the said judgment is usefully extracted here under:-

” Article 14 is general and must be read with the other
provisions which set out the ambit of fundamental rights.
Sex is a sound classification and although there can be no
discrimination in general on that ground, the Constitution
itself provides for special provisions in the case of women
and children. The two Articles read together validate the
impugned clause in S.497 Penal Code.”

10. In (2003) 10 Supreme Court Cases 78  Sanaboina Satyanarayana v. Govt. of A.P. and others, the Hon’ble Apex Court was posed with a question whether granting remission of sentence can be made excluding those prisoners who were convicted for life and for crimes against women. It was held by the Hon’ble Apex Court that considering Article 15 (3) and 14, exclusion of prisoners convicted of crimes against women from scheme of remission, is a sound, just, reasonable, proper and it necessitated in the larger interest of the society and greater public interest.

11. In 1985 SC 1695  Partap Singh v. Union of India, the question that was posted before the Hon’ble Apex Court was about the constitutional validity of Section 14 (1) of the Hindu Succession Act. The Hon’ble Apex Court in the said judgment has clearly held that in view of Article 15 (3) of the Constitution of India there is hardly any justification for the males belonging to the Hindu community to raise any objection to the beneficent provisions contained in Section 14 (1) of the Act on the ground of hostile discrimination.

Para 6 of the said judgment is usefully extracted here under:-

” There is very little substance in the second condition
raised by the petitioner also. The submission made on
behalf of the petitioner in this case overlooks the benign
constitutional provision in clause (3) of Article 15 of the
Constitution which provides that nothing in Article 15
shall prevent the State from making any special provision
for women and children. The said provision overrides clause
(1) of Article 15 of the Constitution which provides that
the State shall not discriminate against any citizen on
grounds only of religion, race, caste, sex, place of birth
or any of them. Section 14 (1) of the Act was enacted to
remedy to some extent the plight of a Hindu woman who could
not claim absolute interest in the properties inherited by
her from her husband but who could only enjoy them with all
the restrictions attached to a widow’s estate under the
Hindu law. There is now hardly any justification for the
males belonging to Hindu community to raise any objection
to the beneficent provisions contained in Section 14 (1) of
the Act on the ground of hostile discrimination. The above
provision is further protected by the express provision
contained in clause (3) of Article 15, since it is a
special provision enacted for the benefit of Hindu women.

We do not find any merit in the Writ Petition. The writ
petition is dismissed. Consequently, the special leave
petition also has to be dismissed. It is accordingly,
dismissed.”

12. Again, in A.I.R. 1985 Supreme Court 1618  Sowmithri Vishnu v. Union of India, the Hon’ble Apex Court has held while considering Section 497 of I.P.C., that it does not discriminate between man and woman by conferring right only on husband to prosecute the adulterer and hence, it is not violative of Article 14 or Article 15 of the Constitution of India.

13. In fact, the Delhi High Court in W.P (Crl.) No.425 of 2008, by an order dated 07.04.2008 had upheld the provisions of the said Act. Para 4 of the said judgment is usefully extracted here under:-

” Domestic violence is a world wide phenomenon and has been
discussed in International fora, including the Vienna
Accord of 1994 and the Beijing Declaration and the Platform
for Action (1995). The United Nations Committee Convention
on Elimination of All Forms of Discrimination Against Women
(CEDAW) has recommended that States should act to protect
women against violence of any kind, especially that
occurring within the family. There is a perception, not
unfounded or unjustified, that the lot and fate of women in
India is an abjectly dismal one, which requires bringing
into place, on an urgent basis, protective and ameliorative
measures against exploitation of women. The argument that
the Act is ultra virus the Constitution of India because it
accords protection only to women and not to men, is
therefore, wholly devoid of any merit. We do not rule out
the possibility of a man becoming the victim of domestic
violence, but such cases would be few and far between, thus
not requiring or justifying the protection of parliament.”

14. At this juncture, learned counsel appearing for the petitioners would submit that the said Act can only be prospective and not retrospective and further submitted that the petitioners are not liable for the charges that have been levelled against them. The arguments raised by the learned counsel appearing for the petitioners are to be considered by the authority concerned before whom the application filed by the sixth respondent is pending and the same cannot be canvassed before this Court.

15. For all the reasons stated above, I am not inclined to hold that Sections 12, 18, 19 and 23 of the Protection of Women from Domestic Violence Act, 2005 (Central Act 43 of 2005) are unconstitutional, ultra vires and void and the writ petition is liable to be dismissed and accordingly, dismissed. However, there is no order as to costs. Consequently, connected miscellaneous petition is closed.

sbi

To

1.The Secretary,
Union of India,
Ministry of Law and Justice,
New Delhi.

2.The Secretary,
Union of India,
Ministry of Women and Child
Development, New Delhi.

3.The Secretary,
Department of Social Welfare,
Fort St. George, Chennai-9.

4.The Protection Officer,
District Social Welfare Office,
2nd Floor, Collector Office Campus,
Thiruvallur 602 001.

5.The Inspector,
All Women Police Station,
Teynampet,
Chennai

*****************************disclaimer**********************************
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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FOLLOW http://twitter.com/ATMwithDick on twitter or http://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/  FOR 100s of high court and supreme court cases
  
  
regards
  
Vinayak
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

498a filed Nov ’12 , Anticip bail Aug ’14 !! AB granted as custody not needed, no absconding risk ; Good case in CAL HC

notes
****************
* Chapra Police Station Case no.610 of 2012 dated November 22, 2012
* under Sections 498A/376/511 of the Indian Penal Code
* bail granted august 8th 2014
* Custodial interrogation of the petitioners in this case is not necessary. There is also no apprehension of absconding of the petitioners.

* ALSO proves as to how long it takes to reach JUST AB stage at HC !!

* Husbands should use this bail order to obtain their own bail !!

*****************************disclaimer**********************************
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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CASE FROM JUDIS / INDIAN KANOON WEB SITE
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Kolkata High Court (Appellete Side)

Kalimuddin Gayen And Others vs The State Of West Bengal

8 August, 2014

Author: Pranab Kumar Chattopadhyay

C.R.M. 6295 of 2014
http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

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In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on May 22, 2014 in connection with Chapra Police Station Case no.610 of 2012 dated November 22, 2012 under Sections 498A/376/511 of the Indian Penal Code; And

In the matter of : Kalimuddin Gayen and others. …petitioners.

Versus

The State of West Bengal …opposite party.

Mr. Jaladhi Das. …for the petitioners.

Mr. Pradipta Ganguly. …for the State.
http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

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Heard the learned Advocate of both the parties.

Having considered the materials in the case diary, we are of the view that custodial interrogation of the petitioners in this case is not necessary. There is also no apprehension of absconding of the petitioners.

We are, therefore, inclined to allow the prayer of the petitioners for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.3,000/- (Rupees three thousand) only each with one surety of like amount each to the satisfaction of the arresting officer and subject to conditions as laid down in sub- section (2) of Section 438 of the Code of Criminal Procedure, 1973. The application for anticipatory bail is, thus, disposed of.

(Pranab Kumar Chattopadhyay, J.)

(Sudip Ahluwalia, J. )

*****************

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regards

Vinayak
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

ANTICIPATORY bail in 498a case as custodial interrogation NOT necessary & no chance abscondence of petitioner; CAL H.C.

Notes
**************
* Clear bail in a 498A/406/323/34 IPC case.
* Reasons clearly stated
    * custodial interrogation NOT necessary &
    * no chance abscondence of petitioner

* Husbands should use this bail order to obtain their own bail !!

*****************************disclaimer**********************************
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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CASE FROM JUDIS / INDIAN KANOON WEB SITE
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Kolkata High Court (Appellete Side)

Chandan Bhar vs State Of West Bengal

on 8 August, 2014

Author: Pranab Kumar Chattopadhyay

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http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com
C.R.M. 8828 of 2014

In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on August 1, 2014 in connection with Pursurah Police Station Case No. 13 of 2014 dated March 5, 2014 under Sections 498A/406/323/34 of the Indian Penal Code;

Mr. Antarikhya Basu, …for the petitioner.

Mr. Bidyut Kumar Roy, …for the State.

*****************************************************************

We have heard the learned advocates appearing for the parties and perused the case diary.

Having considered the materials in the case diary, we are of the view that custodial interrogation of the petitioner is not necessary. There is also no chance of abscondence of the petitioner.

We are, therefore, inclined to allow the prayer of the petitioner for anticipatory bail under Section 438 of the Code of Criminal Procedure. Accordingly, we direct that in the event of arrest, the petitioner, namely, Chandan Bhar, shall be released on bail upon furnishing a bond of Rs. 3,000/- (Rupees three thousand) only with one surety of like amount to the satisfaction of the arresting officer, subject to the conditions as laid down in sub-section (2) of Section 438 of the Code of Criminal Procedure. The application for anticipatory bail is, thus, allowed.

( Pranab Kumar Chattopadhyay, J. )

( Sudip Ahluwalia, J. )

dns

http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

 
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FOLLOW http://twitter.com/ATMwithDick on twitter or http://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/  FOR 100s of high court and supreme court cases
  
  
regards
  
Vinayak
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
  

Husband+others jail 1 YEAR !! on Wife suicide. Bail aftr Chargesheet. Wht abt 80000 male sucide/yr.

"……victim committed suicide near the house of her parents. He further submits that the petitioners are in custody for last one year …." !!

Ananda Mondal & Anr. ……… Petitioners
Vs
State

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Kolkata High Court (Appellete Side)

8044/2014 on 8 August, 2014

Author: Pranab Kumar Chattopadhyay

C.R.M 8044 of 2014

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In re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 11.07.2014 in connection with Murutia Police Station Case No.197 of 2013 dated 14.09.2013 under Sections 498A/304(B)/34 of the Indian Penal Code, 1860.

AND

Mr. Deep Chaim Kabir, Mr. Asraf Mandal ……… For the petitioners

Mr. Manjit Singh, ld. P.P, Mr. Bitashok Banerjee ……… For the State
http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

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Heard the learned advocate of both the parties.

The petitioners are seeking bail in connection with a case relating to offences punishable under Sections 498A/304(B)/34 of the Indian Penal Code, 1860.

The learned Advocate representing the petitioners submits that the victim committed suicide near the house of her parents. He further submits that the petitioners are in custody for last one year and charge sheeted co-accused has already been granted bail. The learned Public Prosecutor representing the State submits that the investigation is complete and charge sheet has been submitted. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

Having considered the materials in the case diary and considering the fact that the charge sheet has already been submitted and the petitioners are in custody for last one year, we are of the opinion that further detention of the accused/petitioners is not necessary.

Therefore, the accused/petitioners, namely, Ananda Mondal and Parimal Mondal be released on bail upon furnishing a bond of Rs.10,000/- each (Rupees Ten thousand only) with two sureties of like amount, of whom one must be local to the satisfaction of learned Additional Chief Judicial Magistrate, Tehatta, Nadia. The application for bail, thus, stands disposed of.

(Pranab Kumar Chattopadhyay,J.)

(Sudip Ahluwalia,J.)

*****************************disclaimer**********************************
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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CASE FROM JUDIS / INDIAN KANOON WEB SITE
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http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

*****************

FOLLOW http://twitter.com/ATMwithDick on twitter or http://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/ FOR 100s of high court and supreme court cases

regards

Vinayak
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

Husband+others jail 1 YEAR !! on Wife suicide. Bail aftr Chargesheet. Wht abt 80000 male sucide/yr.

"……victim committed suicide near the house of her parents. He further submits that the petitioners are in custody for last one year …." !!

Ananda Mondal & Anr. ……… Petitioners
Vs
State

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Kolkata High Court (Appellete Side)

8044/2014 on 8 August, 2014

Author: Pranab Kumar Chattopadhyay

C.R.M 8044 of 2014

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In re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 11.07.2014 in connection with Murutia Police Station Case No.197 of 2013 dated 14.09.2013 under Sections 498A/304(B)/34 of the Indian Penal Code, 1860.

AND

Mr. Deep Chaim Kabir, Mr. Asraf Mandal ……… For the petitioners

Mr. Manjit Singh, ld. P.P, Mr. Bitashok Banerjee ……… For the State
http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

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Heard the learned advocate of both the parties.

The petitioners are seeking bail in connection with a case relating to offences punishable under Sections 498A/304(B)/34 of the Indian Penal Code, 1860.

The learned Advocate representing the petitioners submits that the victim committed suicide near the house of her parents. He further submits that the petitioners are in custody for last one year and charge sheeted co-accused has already been granted bail. The learned Public Prosecutor representing the State submits that the investigation is complete and charge sheet has been submitted. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

Having considered the materials in the case diary and considering the fact that the charge sheet has already been submitted and the petitioners are in custody for last one year, we are of the opinion that further detention of the accused/petitioners is not necessary.

Therefore, the accused/petitioners, namely, Ananda Mondal and Parimal Mondal be released on bail upon furnishing a bond of Rs.10,000/- each (Rupees Ten thousand only) with two sureties of like amount, of whom one must be local to the satisfaction of learned Additional Chief Judicial Magistrate, Tehatta, Nadia. The application for bail, thus, stands disposed of.

(Pranab Kumar Chattopadhyay,J.)

(Sudip Ahluwalia,J.)

*****************************disclaimer**********************************
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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CASE FROM JUDIS / INDIAN KANOON WEB SITE
******************************************************************

http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

*****************

FOLLOW http://twitter.com/ATMwithDick on twitter or http://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/ FOR 100s of high court and supreme court cases

regards

Vinayak
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

Husband JAILED 4 MONTHS in 498a case ie wife’s words. Wife alive NO othr allegations ! Fate of married men in FREE India

Jitendra Ram vs The State Of Bihar on 24 January, 2014

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3325 of 2014

******************************************************

Jitendra Ram Son of Gharbharan Ram Resident of Village- Fatehpur, P.S.- Yogapatti, District- West Champaran …. …. 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.
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The petitioner seeks bail in a case which has been registered under Sections 498A, 494 read with 34 of the Indian Penal Code as also Section 3/4 of the Dowry Prohibition Act. It is contended that there is no truth behind the allegation of subjecting the informant to cruelty for demand of dowry. The petitioner also denies to have married with another lady. Admittedly the marriage had taken place seven years ago. The contention is that the instant case has been registered on account of marital discord and incompatibility between the parties. Be that as it may, considering the fact that the petitioner is in custody since 19th September, 2013 and investigation of the case has already concluded, he 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 the learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Yogapatti P.S. Case No. 268 of 2012.

(Ashwani Kumar Singh, J.)

KKSINHA/-

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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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Vinayak
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

Husband JAILED 4 MONTHS in 498a case ie wife’s words. Wife alive NO othr allegations ! Fate of married men in FREE India

Jitendra Ram vs The State Of Bihar on 24 January, 2014

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3325 of 2014

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Jitendra Ram Son of Gharbharan Ram Resident of Village- Fatehpur, P.S.- Yogapatti, District- West Champaran …. …. 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.
http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com
The petitioner seeks bail in a case which has been registered under Sections 498A, 494 read with 34 of the Indian Penal Code as also Section 3/4 of the Dowry Prohibition Act. It is contended that there is no truth behind the allegation of subjecting the informant to cruelty for demand of dowry. The petitioner also denies to have married with another lady. Admittedly the marriage had taken place seven years ago. The contention is that the instant case has been registered on account of marital discord and incompatibility between the parties. Be that as it may, considering the fact that the petitioner is in custody since 19th September, 2013 and investigation of the case has already concluded, he 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 the learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Yogapatti P.S. Case No. 268 of 2012.

(Ashwani Kumar Singh, J.)

KKSINHA/-

*****************************disclaimer**********************************
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.

******************************************************************
CASE FROM JUDIS / INDIAN KANOON WEB SITE
******************************************************************

http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

*****************

FOLLOW http://twitter.com/ATMwithDick on twitter or http://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/ FOR 100s of high court and supreme court cases

regards

Vinayak
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