Allowed

Ishwar Prakash Sahani v. the State of Jharkhand

Jharkhand HC14 Mar 2019A.B.A./174/2019

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a case involving Section 498A IPC, conditioning it on a deposit of interim compensation and furnishing sureties. The bail was to take effect if the petitioner was arrested or surrendered within four months.

What did the court decide?

Anticipatory bail granted subject to deposit of Rs. 1,00,000/- as interim compensation, furnishing bail bond of Rs. 25,000/- with two sureties, and cooperating with investigation.

Ishwar Prakash Sahani 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. 174 of 2019

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Ishwar Prakash Sahani … Petitioner Versus 1. The State of Jharkhand 2. Eshita Khanna … Opposite Parties ------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. J.S. Singh, Advocate For the State : Addl. P.P. For O.P. No.2 : Mr. R. Sahay, Advocate

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------

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Order No.03 Dated- 14.03.2019

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Bank More P.S. Case No.168 of 2018 (G.R. No. 2626 of 2018) registered under sections 498A/34 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 his past conduct but the petitioner 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 all false and are general and omnibus in nature. It is, further, submitted that the petitioner is ready and willing to pay Rs. 1,00,000/- as ad interim victim compensation to the informant without prejudice to his defence in this case and undertakes to cooperate with the investigation of the case. It is next submitted that the petitioner has instituted a case for restitution of the conjugal life vide Matrimonial Title Suit no.116 of 2018 in the family court, Daltonganj and the said petitioner has been allowed. 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 months from the date of this order, he shall be released on bail on depositing a demand draft of Rs. 1,00,000/- as ad interim victim compensation in favour of informant- Eshita Khanna 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 C.J.M., Dhanbad, in connection with Bank More P.S. Case No.168 of 2018 (G.R. No. 2626 of 2018) with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case 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- Eshita Khanna 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-

Ishwar Prakash Sahani v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Ishwar Prakash Sahani v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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