Allowed

Bimal Soren v. the State of Jharkhand

Jharkhand HC9 May 2019A.B.A./1586/2019

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a Section 498A case. The order directed the deposit of an interim victim compensation amount and ensured its adjustment against future maintenance claims. Bail conditions were laid down subject to CrPC Section 438(2).

What did the court decide?

Anticipatory bail granted upon arrest; order to deposit Rs. 50,000/- as interim victim compensation; direction to Judicial Magistrate for notice issuance and handover of demand draft.

Bimal Soren Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 1586 of 2019

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Bimal Soren … Petitioner Versus

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The State of Jharkhand

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Robini Kumari @ Roboni Kumari Hembrom

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… Opposite Parties

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------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Mr. Mahesh Tewari, Advocate For the State : Addl. P.P.

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------

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Order No.03 Dated- 09.05.2019

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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.2866 of 2017 registered under sections 498A of the Indian Penal Code.

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Heard the learned counsel for the petitioner and learned Addl. P.P. for the State.

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Though notice was issued to the opposite party no.2, no one turns up on behalf of the opposite party no.2 in-spite of repeated calls.

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The Learned counsel for the petitioner submits that the allegations against the petitioner are all false and the petitioner never married the opposite party no.2 and this false case has been foisted by the opposite party no.2 only to harass the petitioner. It is further submitted that the petitioner is ready and willing to pay Rs.50,000/- as ad interim victim compensation to the complainantopposite 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. 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.

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Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, he shall be released on bail on depositing a demand draft of Rs.50,000/- as ad interim victim compensation in favour of complainant-opposite party no.2 – Roboni Kumari @ Roboni Kumari Hembrom 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, Dhanbad, in connection with C.P. Case No.2866 of 2017 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 – Roboni Kumar @ Roboni Kumari Hembrom 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-

Bimal Soren v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Bimal Soren v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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