Allowed

Sushil Kumar Suman v. the State of Jharkhand

Jharkhand HC13 May 2019A.B.A./1486/2019

Case brief

AI extract

What is this about?

The Jharkhand High Court granted anticipatory bail to the petitioner in a dowry harassment case. The petitioner was directed to deposit Rs. 6 lakh as interim victim compensation and furnish a bail bond with sureties if arrested or surrenders within four months.

What did the court decide?

Petitioner granted anticipatory bail to be released if arrested or surrenders within four months upon depositing Rs. 6 lakh compensation and furnishing a bail bond with sureties.

Sushil Kumar Suman 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. 1486 of 2019

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Sushil Kumar Suman … Petitioner Versus 1. The State of Jharkhand 2. Sangita Kumari … Opposite Parties

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Pawan Kr. Pathak, Advocate For the State : Addl. P.P. For O.P. No.2 : Mr. Kumar Nilesh, Advocate

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Order No.05 Dated- 13.05.2019

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with C.P. Case No.1209 of 2015 registered under sections 323/341/504/506/498A of the Indian Penal Code and under Section 3/4 of D.P. Act.

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Heard the parties.

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The petitioner is present in the Court today and he is ready and willing to resume conjugal life with the opposite party no.2 and he admits that at the time of marriage Rs.4 lakhs was given to his father by the family members of the opposite party no.2 through transfer in the account through R.T.G.S.

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Learned counsel for the opposite party no.2 submits that she is not ready and willing to resume conjugal life with the petitioner.

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The Learned counsel for the petitioner submits that the allegations against the petitioner are all false and are general and omnibus in nature. It is further submitted that the petitioner is ready and willing to pay Rs.6,00,000/- as ad interim victim compensation to the complainant-opposite party no.2 without prejudice to his defence in this case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

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Learned Addl. P.P. and 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 petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of four months from the date of this order, he shall be released on bail on depositing a demand draft of Rs.6,00,000/- as ad interim victim compensation in favour of complainant-opposite party no.2 – Sangita Kumari and on furnishing bail bond of Rs. 25,000/(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Bokaro, in connection with C.P. Case No.1209 of 2015 subject to the 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, the court below is directed to issue notice to the complainant-opposite party no.2 – Sangita Kumari 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 complainantopposite 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-

Sushil Kumar Suman v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sushil Kumar Suman v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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