Single-judge court granted bail to an accused in a dowry and cruelty case on the basis that allegations were general and omnibus and the petitioner had spent four months in custody.
Petitioner directed to be released on bail furnishing Rs.10,000 bond with two sureties of like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 1988 of 2018
Shahbaz Alam @ Kallu … Petitioner
-versus-
… Opposite Parties
---CORAM : HON’BLE MR. JUSTICE ANANDA SEN ---For the Petitioner : Mr. Vikesh Kumar, Advocate For the State : A.P.P. For the O.P. No.2 : Md. Kaiser Alam, Advocate ----
11/ 20.11.2018 Heard learned counsel for the parties.
Petitioner is an accused for allegedly committing the offence punishable under Sections 498(A)/406/34 of the Indian Penal Code, Sections 3/4 of the Dowry Prohibition Act in connection with Mango Police Station Case No.340 of 2015 corresponding to G.R. No.2358 of 2015, pending in the Court of learned Judicial Magistrate 1st Class, Jamshedpur.
Learned counsel for the petitioner submits that admittedly, after 15 days of marriage, petitioner left for his job to Saudi Arabia and returned only on 9th April, 2015. Allegation of torture and demand of dowry can be attributed to other family members. He submits that the allegation of torture and demand of dowry are general and omnibus in nature.
Learned counsel appearing for the opposite party No.2 opposes the prayer for bail of the petitioner and submits that the opposite party No.2 has suffered due to torture and demand of dowry. He also submits that the petitioner has solemnized second marriage.
After hearing the parties, I find that the allegation is general and omnibus in nature. Admittedly, petitioner was out of India after 15 days of his marriage till 9th April, 2015. Petitioner has now remained in custody for about 4 (four) months.
Considering the period of custody and the fact that the allegations are general and omnibus in nature, I am inclined to grant bail to the petitioner. Accordingly, petitioner, namely, Shahbaz Alam @ Kallu, is directed to be released on bail on furnishing bail bonds of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Jamshedpur in connection with Mango Police Station Case No.340 of 2015 corresponding to G.R. No. 2358 of 2015.
( Ananda Sen, J.)
Kumar/Cp-03
1 issue framed by the court
Whether bail should be granted to a defendant accused of offences under Sections 498-A/406/34 IPC and Dowry Prohibition Act given general allegations and extended custody.
Shahbaz Alam @ Kallu
The State of Jharkhand
Rukshar Bano
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
