Disposed

Onkar Mishra v. the State of Jharkhand

Jharkhand HC16 Jan 2019A.B.A./15/2019

Case brief

AI extract

What is this about?

The High Court of Jharkhand, Ranchi, dismissed the petition for anticipatory bail as the petitioner was settled with the complainant. The court granted a conditional relief ensuring the petitioner and wife resume conjugal life.

What did the court decide?

Anticipatory bail granted in case of arrest or surrender within eight weeks, subject to maintenance of wife and resumption of conjugal life.

Onkar Mishra Vs the State of Jharkhand — Domestic Violence | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 15 of 2019

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Onkar Mishra, aged about 33 years, son of Sri Nand Kishore Mishra, resident of ‘Matrichhaya’ Lakshmi Nagar, Near Shanti Ashram, Barkagaon Road, P.O.+P.S. Barkagaon, District Hazaribag. … ... Petitioner

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Versus

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The State of Jharkhand

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Neelu Kumari (Mishra) wife of Onkar Mishra and Daughter of Sri Anirudha Mishra, resident of village-Bahera, P.O.+P.S.- Chrahi, District… … Hazaribagh Opposite Parties

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. A.K. Sinha, Advocate For the State : Addl. P.P. For the O.P. No. 2 : Mr. S.N. Roy, Advocate

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Order No. 03: Dated 16^th January, 2019

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Sadar (Mahila) P.S. Case No. 15 of 2018 for the offence registered under Sections 498 A of the Indian Penal Code 3/4 of the Dowry Prohibition Act.

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Heard the parties.

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Petitioner and the opposite party no. 2 are present in person in the court today.

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Yesterday, it was submitted on behalf of the petitioner that he was posted at Indore but it is submitted that in the meanwhile, the petitioner has been transferred to the State Bank of India, Bilaspur Main Banch. It is agreed to between the parties that the petitioner and opposite party no. 2 will resume their conjugal life from today. Both will check into a Hotel of Ranchi and tomorrow they will proceed to the Bilaspur which is the place of posting of the petitioner together. Learned counsel for the petitioner submits that the petitioner undertakes to keep and maintain opposite party no. 2 as his lawful wife with full dignity and honour. Hence, it is submitted that the

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petitioner be given the privilege of anticipatory bail.

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The learned Addl. P.P. assisted by the counsel appearing on behalf of the opposite party no. 2 jointly submitted that in view of the settlement between the parties they do not have any objection to the prayer for bail of the anticipatory bail.

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Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that this is a fit case where the petitioner, named above, be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of eight weeks from the date of this order, he shall be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Hazaribag, in connection with Sadar (Mahila) P.S. Case No. 15 of 2018 subject to the condition laid down under section 438 (2) Cr. P.C. with further condition that the petitioner will keep and maintain the opposite party no. 2 as his lawful wife with full dignity and honour.

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(Anil Kumar Choudhary, J.)

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Onkar Mishra v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Onkar Mishra v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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