Wife runs away in ’09. Elders forced 2 ‘accept her with diginity & honour’ in ’16 for bail! Mad Mad 498a

A woman has deserted matrimonial house in 2009 & has happily filed 498a cocktail (probably in 2015 / 2016). This 498a woman is NOT present in the current hearing as well. She doesn’t seem to be represented by any lawyer (only AP for the state on the opposite side) . However to get their bail and freedom, elderly parents of the husband are forced to say “That the petitioners are ready to kept the opposite party no.2 with full human dignity and honour. Even the husband (Suman Mishra) is ready to kept his wife (opposite party no.2) with full love and affection…..”

This is worse than being a slave… !! Don’t men have ANY dignity in this country ? why is there such a stipulation for a bail that too when there is NO evidence of physical violence the case is not properly tried  ? and no signs of her for so many years ?? why are men and their elders dragged to courts JUST on the words of a wife ? that too a deserter ? should such a stipulation be necessary at this stage BEFORE any evidence, inquiry or trial ?


IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19892 of 2016
Arising Out of PS.Case No. -448 Year- 2009 Thana -COMPLAINT CASE District- SUPAUL


1.Lakhan Mishra, Son of Late Rajbanshi Mishra
2. Sumitra Devi @ Bibha Devi @ Sumitra Devi, Wife of Lakhan Mishra
….. …. Petitioner/s
Versus
1. The State of Bihar.
2. Meena Devi Daughter of Shobha Kant Jha, Resident of village- Bhim

Nagar, P.S. Birpur District- Supaul….. …. Opposite Party/s
http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com


Appearance :
For the Petitioner/s : Mr. Baidya Nath Thakur, Advocate
For the Opposite Party/s : Mr. Sanjay Kr. Tiwary(App)


CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

ORAL ORDER

2 04-05-2016 Heard learned counsels for the petitioners and the State.

The petitioners being parents of the husband of the complainant are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 323, 34 of the Indian Penal Code.

Basic accusation is of torture.

Learned counsel for the petitioner submits that marriage of the complainant with son of the petitioners was performed in 2004 when the complainant deserted the matrimonial house in 2009. The petitioners and the husband of the complainant are ready to keep the complainant with full dignity and honour. A statement to that effect has been made in paragraph 9 of the petition which reads as follows :- “That the petitioners are ready to kept the opposite party no.2 with full human dignity and honour. Even the husband (Suman Mishra) is ready to kept his wife (opposite party no.2) with full love and affection…..”. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

It is further submitted that the thrust of accusation is against the husband of the complainant and accusation levelled against the petitioners are omnibus and general.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Saharsa in connection with Complaint Case No.448 C/2009, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/-

U T

*****************************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 or High court websites. Some notes are made by Vinayak. 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 and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . 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 with necessary Emphasis, Re formatting
*******************************************************************************

 

One thought on “Wife runs away in ’09. Elders forced 2 ‘accept her with diginity & honour’ in ’16 for bail! Mad Mad 498a

  1. Pingback: Wife runs away in ’09. Elders forced 2 ‘accept her with diginity & honour’ in ’16 for bail! Mad Mad 498a | Hari Om Jaimini

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