The High Court of Jharkhand granted anticipatory bail to the petitioner in a case under sections 498A and 323 IPC, noting that the parties had settled and the allegations were false and general.
Petitioner granted privilege of anticipatory bail and release on bail upon arrest or surrender within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 166 of 2019
Ansarul Haque … Petitioner Versus 1. The State of Jharkhand 2. Koushar Jahan … Opposite Parties ------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------ For the Petitioner : Mr. P.K. Mukhopadhyay, Adv. For the State : Addl. P.P. For O.P. No.2 : Mr. S. Kumar, Advocate
------
Order No.03 Dated- 14.03.2019
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with C.P. Case No.415 of 2018 registered under sections 498A/323 of the Indian Penal Code.
Heard the parties.
Both the petitioner and opposite party no.2 are present in the Court today.
The petitioner and opposite party no.2 jointly submits that the parties have settled the matter and have decided to separate.
The Learned counsel for the petitioner submits that the allegations against the petitioner are all false and are general and omnibus in nature. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.
Learned Addl. P.P. assisted by the learned counsel for the opposite party no.2 submits that since the matter has been settled between the parties, they have no objection to the prayer for grant of anticipatory bail.
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 furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five
Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Dhanbad, in connection with C.P. Case No.415 of 2018 subject to the conditions laid down under section 438 (2) Cr. P.C.
(Anil Kumar Choudhary, J . )
Sonu/Gunjan-
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner in a case involving sections 498A and 323 IPC.
Whether settlement between parties and joint submission warrants grant of anticipatory bail.
1 provisions across 1 enactments
Ansarul Haque
The State of Jharkhand
Koushar Jahan
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
