In this urgent matter concerning anticipatory bail, the High Court amended the party list by adding the informant as an opposite party, issued notice, and stayed coercive steps pending the response.
Stay of coercive steps; notice issued to newly added opposite party requiring reply within two weeks.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B. A. No. 536 of 2014
Sunil Sahu
… ... Petitioner
Versus
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
………. For the Petitioner : Mr. A. K. Sahani, Advocate For the State : A.P.P.
04/07.07.2014 An urgency slip was filed by the counsel for the applicants and therefore, the matter has been listed today.
Heard the learned counsel appearing for the parties and perused the documents on record.
The learned counsel appearing for the applicant submits that the applicant is apprehending his arrest in connection with Gumla P.S. Case No. 322 of 2013 under corresponding to G.R. No. 942 of 2013 under Sections 498A/323 of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act.
The learned counsel appearing for the applicant submits that with the intervention of All India Victim Assistance Group the dispute between the parties were resolved however, the wife of the applicant gave a written report alleging harassment and demand of dowry.
The learned A.P.P. opposes the prayer for grant of
anticipatory bail.
Let the informant namely, Rekha Kumari be added as Opposite Party No. 2.
Let the necessary amendment be carried out during the course of the day.
Issue notice to newly added Opposite Party No. 2 through registered cover with A/D as well as by ordinary process at the address given in the complaint petition for
which requisites etc. must be filed within a period of two weeks.
In the meantime, no coercive step would be taken against the applicant namely, Sunil Sahu in connection with Gumla P.S. Case No. 322 of 2013 corresponding to G.R. No. 942 of 2013 pending in the Court C.J.M., Gumla till the next date of hearing.
Post the matter two weeks after service of notice upon opposite party no. 2.
Let a copy of this order be sent through FAX to the concerned trial court on depositing the cost by the applicants.
(Shree Chandrashekhar, J.)
Amit /
1 issue framed by the court
Whether anticipatory bail should be granted pending admission of the opposing party in an ongoing proceeding.
Sunil Sahu
The State of Jharkhand
Rekha Kumari
Shree Chandrashekhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
