Patna HC: Bail granted on condition that husband will keep wife happy as per Domestic Violence Act
IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.44295 of 2010
PUSHPLATA DEVI, w/o. Anmol Saw @ Anmol Prasad Gupta @ Karu, D/o. Jai Prakash Sah, resident of village Kaithma, P.S. Sirari, District Sheikhpura, at present resident of Chewra, P.S. Chewra, District Sheikhpura. …………… Petitioner. Versus
1. THE STATE OF BIHAR.
2. Anmol Saw @ Anmol Prasad Gupta @ Karu, S/o. Rameshwar Prasad Saw, Residence of village Kaithma, P.S. Sirari, District Sheikhpura. ………. Opp. Parties.
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02/ 16.12.2010 The bail was granted to O.P. No. 2 vide order
dated 14.07.2010 passed in Cr. Misc. No. 29594 of 2009 with
a condition that the petitioner shall keep his wife with due
dignity and preserving her right of residence and right of
maintenance according to the Domestic Violence Act, 2005.
Learned counsel for the petitioner submits that the
said condition has been violated by O.P. No. 2 and hence the
bail granted to him may be cancelled.
Considering the facts and circumstances of the
case, petitioner is directed to file a petition to this effect
before the court below and the court below if finds that the
conditions is violated by O.P. No. 2 then pass appropriate
order.
This application is, accordingly, disposed of.
Kundan (Gopal Prasad, J.)
Criminal procedure is being used to settle civil disputes of parties, without following the principle of natural justice. It appears that a married Man has a right to be free only when he keeps his wife happy. Whether a married woman keeps her husband happy or not, it is irrelevant. Men must refuse to marry.
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