Home > Bail Judgement, DV Judgements > Patna HC: Bail granted on condition that husband will keep wife happy as per Domestic Violence Act

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.

———–

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.)

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  1. Rajesh Kumar
    January 16, 2011 at 4:29 am

    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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