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2017 Supreme(SC) 1141

N.V.RAMANA, PRAFULLA C.PANT
Kunal Kumar Tiwari @ Kunal Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners:- Mushtaq Ahmad, Raj Kumar Prasad, Advs.
For the Respondents:- M. Shoeb Alam, Ms. Gauzia Shakil, Ujjawal Singh, Mojahid Karim Khan, Advs.
For the Respondents No. 2:- Arvind Kumar Dua, Adv.

ORDER

Leave granted.

2. This case raises short but interesting point of law concerning the nature of conditions which may be imposed under Section 438 of Code of Criminal Procedure, 1973 [hereinafter 'Cr.P.C' for brevity] while granting anticipatory bail. At the outset, this case reflects on the need for judicial self-restraint and distaste for result oriented justice over a principled adjudication in consonance with the letter of law.

3. The appellant herein assails the order dated 17.05.2017, passed by the High Court in Criminal Miscellaneous No. 23807 of 2017, which was filed for modification of the earlier order dated 30.03.2017 in Cr. Misc. 4401 of 2017, by virtue of which the learned single judge confirmed the earlier order granting anticipatory bail with certain onerous conditions.

4. Some of the relevant facts are that after the marriage of the parties herein, respondent no 2 (wife) alleged that there was a demand, by the appellant (husband), for dowry and she was physically and mentally tortured for non-fulfillment of the same. Based on the above allegations, a complaint was registered with Hatidah Police Station under Sections 498-A, 341, 323, 379, 506, 34 IPC and Sections 3



























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