Allowed

Akhtar Ansari v. The State Of Jharkhand And Anr.

Jharkhand HC6 Apr 2018A.B.A./5173/2017

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner. In return, he must deposit Rs. 20,000 as interim victim compensation and furnish a bail bond with sureties, pledging to maintain the opposite party as his wife with dignity and honour.

What did the court decide?

Grant of anticipatory bail upon deposit of Rs. 20,000 as interim victim compensation and furnishing a bail bond of Rs. 10,000 with two sureties.

Akhtar Ansari Vs The State Of Jharkhand And Anr. — Domestic Violence | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5173 of 2017

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Akhtar Ansari … Petitioner Versus 1. The State of Jharkhand 2. Sabina Bibi … Opp. Parties

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------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Sabyasanchi, Adv. For the State : Addl. P.P. For the O.P. No.2 : Mr. Devesh Krishna, Adv. ------

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Order No.07 Dated- 06.02.2018

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Dhurki P.S. Case No. 25 of 2017 (G.R. No. 622 of 2017) registered under Sections 323/341/325/379/452/498A/34 of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act. Heard learned counsel appearing for the petitioner and the learned Addl. P.P. for the State assisted by the learned counsel for the opposite party no.2.

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The learned counsel for the petitioner submits that though the matter was referred to JHALSA for mediation but the opposite party no.2 did not turn up before JHALSA, hence the mediation could not take place. It is further submitted that the petitioner is ready and willing to keep and maintain the opposite party no.2 as his lawful, wife with full dignity and honour and the allegation of treating the opposite party no. 2 with cruelty, causing hurt to her and commission of theft against the petitioner are all false and are general and omnibus in nature. It is also submitted that the petitioner is ready and willing to pay Rs.20,000/- as ad interim victim compensation to the informant – opposite party no.2- Sabina Bibi without prejudice to his defence in this case. Hence, it is submitted that the petitioner may be given the privilege of anticipatory bail.

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The learned Addl. P.P. assisted by the learned counsel for the opposite party no.2 opposes the prayer for anticipatory bail.

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Considering the submissions of the counsels and the fact as discussed above, I am inclined to grant privileges of anticipatory bail to the above named petitioner. Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, he shall be released on bail on depositing a demand draft of Rs.20,000/drawn in favour of the informant-opposite party no.2- Sabina Bibi as ad interim victim compensation and furnishing bail bond of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Garhwa, in connection with Dhurki P.S. Case No. 25 of 2017 (G.R. No. 622 of 2017) with the condition that he will keep and maintain the opposite party no.2 as his lawful, wife with full dignity and honour and other conditions laid down under section 438 (2) Cr. P.C.

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In case, the petitioner deposits the ad interim victim compensation amount in the court of learned Chief Judicial Magistrate, Garhwa, the court is directed to issue notice to the victim and release the said amount in her favour forthwith, after proper identification.

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(Anil Kumar Choudhary, J . )

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Sonu-Gunjan/-

Akhtar Ansari v. The State Of Jharkhand And Anr.

Case brief

What is this about?

What did the court decide?

Akhtar Ansari v. The State Of Jharkhand And Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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