Allowed

Chanchal Poddar v. the State of Jharkhand

Jharkhand HC9 May 2019A.B.A./1589/2019

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the petitioner in a case involving Section 498A and Domestic Violence Act allegations. Bail was granted subject to endorsing a demand draft for interim victim compensation of Rs. 2,00,000/- and appearance upon arrest within four weeks.

What did the court decide?

Anticipatory bail granted subject to depositing Rs. 2,00,000 as interim victim compensation and appearing upon arrest within four weeks.

Chanchal Poddar 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. 1589 of 2019

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Chanchal Poddar … Petitioner Versus 1. The State of Jharkhand 2. Rani Poddar … Opposite Parties

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Mrs. Ruby Pandey, Advocate For the State : Addl. P.P. For O.P. No.2 : Mr. Abhijeet Kr. Singh, Advocate

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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 Mango P.S. Case No.07 of 2019 arising out of Complaint Case No.3582 of 2018 registered under sections 498A/406/323 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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Both the petitioner and opposite party no.2 are present in the Court today.

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

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The Learned counsel for the petitioner submits that the allegations against the petitioner are false and are general and omnibus in nature. It is further submitted that the petitioner is ready and willing to pay Rs.2,00,000/- as ad interim victim compensation to the informant-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. 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 petitioner be given the privilege of anticipatory bail. 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.2,00,000/- as ad interim victim compensation in favour of informant-opposite party no.2 – Rani Poddar 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, Jamshedpur, in connection with Mango P.S. Case No.07 of 2019 arising out of Complaint Case No.3582 of 2018 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 informant-opposite party no.2 – Rani Poddar 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-

Chanchal Poddar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Chanchal Poddar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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