Partly allowed

Badri Mandal and Anr. v. The State Of Jharkhand

Jharkhand HC4 Jul 2014A.B.A./971/2014

Case brief

AI extract

What is this about?

This single-judge order addresses a petition for anticipatory bail filed by a father-in-law and mother-in-law in a dowry harassment case. The Court held that if the applicants surrender within four weeks, they shall be released on bail upon furnishing a bond of Rs. 10,000 each with two sureties.

What did the court decide?

Direction to release petitioners on bail upon surrender within four weeks by furnishing bond of Rs. 10,000 each with two sureties.

Badri Mandal and Anr. Vs The State Of Jharkhand — Dowry and Cruelty | Jharkhand HC (2014)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 971 of 2014

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Badri Mandal

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Mohini Devi ... ... Petitioners Versus

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The State of Jharkhand ... ... Opposite Party

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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

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For the Petitioners : M/s Anjani Kr. Singh, Ashwini Kr. Upadhyay, Advocates For the State : A.P.P.

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05/04.07.2014 An urgency slip was filed by the counsel for the applicants and therefore, the matter has been listed today.

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Heard the learned counsel appearing for the parties and perused the documents on record.

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The learned counsel appearing for the applicants submits that, the applicants are apprehending their arrest in connection with Bhelwaghati P. S. Case No. 32 of 2013, corresponding to G.R. No. 4096 of 2013, registered under Sections 498A/ 323/ 34 of the Indian Penal Code and under Section 3/4 of the D.P. Act.

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The learned counsel appearing for the applicants submits that the applicants are the father-in-law and the mother-in-law. It is submitted that the applicants have been falsely implicated in the present case. The narration of events in the first information report is so unbelievable that no reasonable person would believe the same. Only vague and omnibus allegations have been levelled against the applicants. In the present case, the several family members have been implicated. The applicants have always treated the victim girl with love and affection. It is submitted that the husband of the victim lady has already been granted bail by this Court vide order dated 26.02.2014 in B. A. No. 1211 of 2014.

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It is submitted that though widespread misuse of

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dowry related laws has been noticed and taking cognizance of the alarming situation, the Hon'ble Supreme Court has also cautioned and issued directions that before arresting accused persons allegedly involved in dowry related cases, the police should collect materials implicating the accused however, at the instance of the informant the police is harassing the applicants.

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The learned A.P. P. appearing for the State opposes the prayer for grant of anticipatory bail.

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In the facts and circumstances of the case, in the event of arrest of the applicants or if they surrender before the trial court within a period of four weeks from today, the applicants namely, Badri Mandal and Mohini Devi would be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each, with two sureties of the like amount each to the satisfaction of Sri P. K. Goswami, learned Judicial Magistrate Ist Class, Giridih or his Successor in connection with Bhelwaghati P. S. Case No. 32 of 2013, corresponding to G.R. No. 4096 of 2013.

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Let a copy of this order be sent through 'FAX' to the concerned trial court on the cost deposited by the applicants.

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(Shree Chandrashekhar, J.)

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Satyarthi/-

Badri Mandal and Anr. v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

Badri Mandal and Anr. v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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