In an application for anticipatory bail, the court rejected the petitioner's prayer. Despite claims of false implication regarding a property dispute, the judge refused bail due to serious allegations in the complainant's Solemn Affirmation.
Prayer for anticipatory bail is rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B. A. No. 1781 of 2018
Dhiren Mishra …… Petitioner
Versus
1.The State of Jharkhand
CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
For the Petitioner :Mr. Mukesh Kumar, Advocate For the State :A.P.P
05/Dated: 13/08/2018
It appears that despite valid service of notice, O.P. No. 2 has failed to appear.
Petitioner is apprehending his arrest in connection with C.P. Case No. 507 of 2017 for the offence under sections 498A, 323, 34 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in this case. There is general and omnibus allegation against this petitioner and the present case has been filed after fourteen years of marriage to settle the property dispute between the members of the family. Further, it has been submitted by the counsel for the petitioner that O.P. No. 2 in connivance with her husband lodged this case and although the husband of O.P. No. 2 namely Ganesh Mishra is accused in this case but he has not filed bail application.
Learned A.P.P opposed the prayer for anticipatory bail.
L.C. R which was called for, has been received.
In view of the statement of the complainant/O.P. No. 2 in her Solemn Affirmation, though, petitioner is father-in-law of O.P. No. 2, there is serious allegation against this petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for anticipatory bail is hereby rejected.
(Anant Bijay Singh, J.)
Satyarthi/-
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner facing charges under sections 498A, 323, and 34 IPC.
2 provisions across 2 enactments
Dhiren Mishra
The State of Jharkhand
Rekha Devi
ANANT BIJAY SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
