The High Court of Jharkhand at Ranchi confirmed the petitioner's provisional bail in a PCR case alleging offences under IPC sections 323/341/498(A) and the Dowry Prohibition Act, noting the generality of allegations and prior custody period.
Provisional bail granted vide order dated 04.05.2018 is confirmed and the application is allowed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2529 of 2018
---Raju @ Rajeev Rajan Tudu @ Rajiv Ranjan Tudu … Petitioner
-versus-
… Opposite Parties ---CORAM : HON’BLE MR. JUSTICE ANANDA SEN
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For the Petitioner : Mr. Indu Shekhar Gupta, Advocate For the State : A.P.P. For the O.P. No.2 : None
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7/ 20.11.2018 Twice notice was issued to the opposite party No.2, which was received by her mother. No one has appeared on behalf of opposite party No.2. Thus, the case has been listed today for hearing on merit as it is not possible to keep this case pending for a long time.
Heard learned counsel for the petitioner.
Learned A.P.P. appearing for the State opposes the prayer for
bail of the petitioner.
Petitioner is an accused for allegedly committing the offence punishable under Sections 323, 341 and 498(A) of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act, in connection with P.C.R. Case No.242 of 2013, pending in the Court of learned Additional Chief Judicial Magistrate at Dumka.
Petitioner is the husband. Allegation is general and omnibus in nature as regards demand of dowry and torture. Learned counsel for the petitioner submits that the petitioner has already remained in custody from 07.11.2017 till he was released on provisional bail vide order dated 04.05.2018.
Considering the generality of the allegations and the period of custody, I am inclined to allow this application. Accordingly, provisional bail granted to the petitioner vide order dated 04.05.2018 in connection with P.C.R. Case No.242 of 2013, pending in the Court of learned Additional Chief Judicial Magistrate at Dumka, is hereby confirmed.
This application stands allowed.
( Ananda Sen, J.)
Kumar/Cp-03
1 issue framed by the court
Whether to confirm the petitioner's provisional bail granted previously in a dowry and torture case.
2 provisions across 2 enactments
Raju @ Rajeev Rajan Tudu @ Rajiv Ranjan Tudu
The State of Jharkhand
Miruni Marandi
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
