Allowed

Rohit Kumar Singh v. the State of Jharkhand

Jharkhand HC23 Jul 2019A.B.A./1467/2019

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail in a matrimonial(C.C. Case No.6160 of 2017) alleging false allegations under Section 498-A IPC. High Court granted bail conditioned on surrender, deposit of Rs.2 lakh interim compensation to opposite party, and furnishing of bail bond under Section 438 CrPC.

What did the court decide?

Petitioner granted anticipatory bail subject to surrender, deposit of Rs.2 lakh compensation to respondent and furnishing of bail bond.

Rohit Kumar Singh Vs the State of Jharkhand — Domestic Violence | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1467 of 2019

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Rohit Kumar Singh .... …. Petitioner Versus 1. The State of Jharkhand .... .... 2. Khushbu Kumari Singh .... Opposite Parties

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. D. K. Malityar, Advocate For the State : Mr. Sudhir Kumar, A.P.P. For the O.P. No.2 : Mr. R. C. P. Sah, Advocate

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Order No.06 Dated- 23.07.2019

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Apprehending his arrest in connection with C.C. Case No.6160 of 2017 instituted under Sections 498-A, 323 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

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The petitioner and opposite party No.2 are present in the Court today. The petitioner is ready and willing to resume his conjugal life with the opposite party No.2 but the opposite party No.2, in view of the past conduct of the petitioner, is not ready and willing to resume her conjugal life with the petitioner.

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Heard the parties.

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Learned counsel appearing for the petitioner submits that the allegations against the petitioner are all false and general and omnibus in nature. It is lastly submitted that the petitioner is ready and willing to pay ad interim victim compensation of Rs.2,00,000/- without prejudice to his defence in this case to the opposite party No.2 namely- Khushbu Kumari Singh. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

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Learned Addl.P.P appearing for the State being assisted by the learned counsel for the opposite party No.2 oppose the prayer for anticipatory bail of the petitioner.

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Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned Judicial Magistrate at Seraikela within eight weeks from today and in the event of his arrest or surrendering, the petitioner will be enlarged on bail on depositing a demand draft of Rs.2,00,000/- as ad interim victim compensation without prejudice to his defence in this case drawn in favour of the opposite

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party No.2 namely- Khushbu Kumari Singh and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount to the satisfaction of learned Judicial Magistrate at Seraikela in connection with C.C. Case No.6160 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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In case the petitioner deposits the said demand draft, the court below is directed to issue notice to the opposite party No.2 namely- Khushbu Kumari Singh and on her proper identification, the court below shall handover the same to her forthwith.

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In case the petitioner deposits Rs.2,00,000/- in favour of the opposite party No.2 namely- Khushbu Kumari Singh, the same shall be adjusted towards maintenance, if any or full and final settlement, if any, between the parties.

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(Anil Kumar Choudhary, J . )

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Animesh/

Rohit Kumar Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Rohit Kumar Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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