Petitioner sought anticipatory bail from arrest in criminal cases involving 498-A IPC and Dowry Act. Unable to deposit maintenance arrears, petitioner's prayer for bail was rejected by the court.
The prayer for anticipatory bail of the petitioner is rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 76 of 2018
Md. Raja …… Petitioner Versus 1.The State of Jharkhand 2. Shama Parween …… Opposite Parties --------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. Pratiush Lala, Advocate For the State : A.P.P For the O.P. No.2 : Mr. Vineet Prakash, Advocate ---------
04/Dated: 10/05/2018
Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the O.P. No.2.
The petitioner is apprehending his arrest in connection with the case registered under Sections 498(A), 323, 406, 34 of the Indian Penal Code, Section 3 / 4 of the Dowry Prohibition Act.
On 25.04.2018, learned counsel for the petitioner was directed to take instruction as to whether petitioner is ready to deposit the arrears of maintenance amount or not.
Today, when the case is called out, learned counsel for the petitioner has submitted that petitioner is not in position to deposit the arrears of maintenance amount.
Learned counsel for the O.P. No.2 has opposed the prayer for bail.
Be that as it may, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.
(Anant Bijay Singh, J.)
Satayendra/
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in cases under Sections 498-A and 323 IPC.
Whether inability to deposit maintenance arrears precludes the grant of anticipatory bail.
Md. Raja
The State of Jharkhand
Shama Parween
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
