Allowed

Barun Pradhan v. the State of Jharkhand

Jharkhand HC2 May 2019A.B.A./1084/2019

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to petitioners accused under domestic violence and dowry laws. The court directed the deposit of an interim compensation amount to the complainant, which would later be used for maintenance adjustment.

What did the court decide?

Grant of anticipatory bail upon arrest within three months, conditional upon deposit of Rs. 1,00,000 interim compensation and furnishing of sureties.

Barun Pradhan Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1084 of 2019

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Barun Pradhan 2. Alok Lata Pradhan … Petitioners Versus

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The State of Jharkhand 2. Rupali Pradhan … Opposite Parties

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------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioners : Mr. Manoj Kr. Das, Advocate For the State : Addl. P.P. For O.P. No.2 : Mr. P.A.S. Pati, Advocate ------

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Order No.05 Dated- 02.05.2019

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Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Chakulia P.S. Case No.30 of 2018 (G.R. No.201 of 2018) registered under sections 313/498A/314/315 of the Indian Penal Code read with Section 3/4 of D.P. Act.

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Heard the parties.

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Both the petitioner no.1 and opposite party no.2 are present in the Court today.

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The petitioner no.1 is ready and willing to resume conjugal life with the opposite party no.2 but the opposite party no.2 is not ready and willing to resume her conjugal life with the petitioner no.1 because of his past conduct.

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The Learned counsel for the petitioners submits that the allegations against the petitioners are all false and are general and omnibus in nature. It is, further, submitted that the petitioner no.1 is ready and willing to pay Rs. 1,00,000/- as ad interim victim compensation to the informant without prejudice to his defence in this case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.

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

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Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of three months from the date of this order, they shall be released on bail on petitioner no.1 depositing a demand draft of Rs. 1,00,000/as ad interim victim compensation in favour of informant-Rupali Pradhan and both the petitioners on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1^st Class, Ghatshila, in connection with Chakulia P.S. Case No.30 of 2018 (G.R. No.201 of 2018) subject to the conditions laid down under section 438 (2) Cr. P.C.

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In case, the petitioner no.1 deposits the ad interim victim compensation amount, the court below is directed to issue notice to the informant-Rupali Pradhan and hand over the said demand draft to her, after proper identification.

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In case, the said amount is received by the informantopposite party no.2, the same shall be adjusted with respect to the maintenance in any present or future proceeding between the parties or final settlement between the parties, if and when the same takes place.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Barun Pradhan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Barun Pradhan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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