Sanjay Sharma v. The State Of Jharkhand And Anr.
Case brief
What is this about?
The High Court of Jharkhand rejected the petitioner's prayer for anticipatory bail under Section 438 CrPC in connection with a Section 498A IPC case. The court noted the petitioner's failure to appear before a JHALSA conciliator despite an order, casting doubt on claims of willingness to reconcile, along with serious allegations of dowry demand and assault.
What did the court decide?
Prayer for anticipatory bail against arrest in connection with C.P. Case No. 312 of 2012 allowed to be rejected for lack of bond execution and failure to appear before conciliator.
What the court decided
IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 1776 of 2015
Sanjay Sharma, Son of Late Rajendra Sharma, Resident of New Colony, Raj Jharia, P.O. & P.S. - Jharia, District – Dhanbad (Jharkhand) … … Petitioner
Versus
- The State of Jharkhand
- Suman Devi, wife of Sanjay Sharma, Daughter of Ram Bhaju Sharma, Resident of Manaitand, Kumharpatti, P.O. - Dhanbad, P.S. Dhansar, District – Dhanbad (Jharkhand)
… Opp. Parties
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
For the Petitioner : Mr. Atul Kumar, Advocate For the State : Mr. Nehru Mahto, A.P.P. For the O.P. No. 2 : Dr. Amita Srivastava, Advocate
04/09.09.2015 Heard Mr. Atul Kumar, learned counsel appearing for the petitioner and Mr. Nehru Mahto, learned A.P.P. for the State assisted by Dr. Amita Srivastava, learned counsel appearing for the opposite party No. 2.
Petitioner has prayed for grant of anticipatory bail, as he is apprehending his arrest in connection with C.P. Case No. 312 of 2012 registered for the offences punishable under Section 498A of the Indian Penal Code, pending in the Court of learned J.M., 1st Class, Dhanbad. It has been submitted by the learned counsel for the petitioner that the allegations which have been levelled against the petitioner are false and that the petitioner was never involved in the demand of dowry and subsequent torture for non-fulfillment of the said demand. Learned counsel appearing for the petitioner further submits that the petitioner is still ready and willing to keep his wife (opposite party no. 2) with full honour and dignity.
Issues for consideration
1 issue framed by the court
Whether anticipatory bail should be granted to a petitioner apprehending arrest under Section 498A IPC given allegations of dowry demand and failure to appear before conciliator.
Parties & counsel
- petitioner
Sanjay Sharma
- respondent
The State of Jharkhand
- respondent
Suman Devi
Coram
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · September
- Registered
- Case no.
- A.B.A./1776/2015
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