Allowed

MD Sahab Akhter Alias MD Shahab Akhtar v. the State of Jharkhand and Anr.

Jharkhand HC2 Dec 2015A.B.A./2915/2015

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner, a husband, facing a Section 498A IPC complaint filed by his wife alleging property disputes. The court directed surrender within three weeks to secure regular bail.

What did the court decide?

Directed petitioner to surrender within three weeks to secure regular bail by furnishing a bail bond of Rs.10,000/- with two sureties.

MD Sahab Akhter Alias MD Shahab Akhtar Vs the… — Matrimonial and Divorce | Jharkhand HC (2015)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 2915 of 2015

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Md. Sahab Akhter @ Md Shahab Akhtar, S/o Md. Iqbal Akhtar, R/o Shivlibari, Musharki Mohalla, P.O. & P.S.Chirkunda, District-Dhanbad.

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…….. Petitioner

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Versus

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The State of Jharkhand.

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Nilofar Khatoon, Wife of Shahab Akhtar, Daughter of Md.Minhaj Ansari, resident of Bhistipara, Hirapur, P.O. P.S. Dhanbad, District-Dhanbad.

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… Opposite Parties

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Coram: THE HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY

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For the Petitioner : Mr. Rajesh Kumar, Advocate For the State : Mr. Ashok Kumar No. 2, APP For the O.P. No. 2 : None

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03/02.12.2015 Heard the learned counsel for the petitioner and learned A.P.P. No one appears for O.P. No. 2 in spite of valid service of notice.

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The petitioner apprehends his arrest in connection with Complaint Case No. 2892 of 2014, registered for the offence punishable under Section 498A of the Indian Penal Code.

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It has been submitted by the learned counsel for the petitioner that the petitioner is the husband of the complainant, with whom, marriage was solemnized on 6.12.2014.

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It has further been submitted that Talak has already been granted to the opposite party no. 2 and the amount of 'Den Mehar' totaling Rs.33,350/- has been sent along with three Iddat on 17.07.2014 to the complainant.

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Learned counsel has also drawn the attention of the Court to the statement of the complainant recorded under solemn affirmation to suggest that the complainant wanted a share in the property of the petitioner and having been deprived of the same, she has filed the complaint case to pressurize the petitioner.

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Learned Counsel for the State has opposed the prayer for anticipatory bail.

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It appears from the complaint petition that the allegations levelled against the accused persons are general and omnibus in nature. Even from the solemn affirmation of the complainant, it does appear that the complaint case has been instituted to pressurize the petitioner to give a share of the property to the complainant. In such circumstances, I am inclined to allow this application.

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-2-

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Accordingly, the petitioner, named above, is directed to surrender in the court below within a period of three weeks from today and pray for regular bail, and in that event, he will be enlarged on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Dhanbad, in connection with Complaint Case No. 2892 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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( Rongon Mukhopadhyay, J)

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Rakesh/

MD Sahab Akhter Alias MD Shahab Akhtar v. the State of Jharkhand and Anr.

Case brief

What is this about?

What did the court decide?

MD Sahab Akhter Alias MD Shahab Akhtar v. the State of Jharkhand and Anr.

Case brief

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What did the court decide?

What the court decided

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