The High Court at Ranchi granted anticipatory bail to the petitioner in a case under Section 498A IPC with conditions, including interim victim compensation and bail bonds.
Anticipatory bail granted subject to deposit of Rs.2,00,000/- as interim compensation and furnishing a bail bond with two sureties.
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. 180 of 2019
Nagendra Kumar Yadav … Petitioner Versus 1. The State of Jharkhand … 2. Sima Devi Opposite Parties ------
CORAM:HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------ For the Petitioner : Mr. D.K. Malityar, Advocate For the State : Addl. P.P. For O.P. No.2 : Mr. Sanjay Kr. Singh, Advocate ------
Order No.04 Dated- 08.05.2019
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with C.P. Case No.2630 of 2017 registered under sections 498A of the Indian Penal Code.
Heard the parties.
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 complainant-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.
Learned Addl. P.P. assisted by the learned counsel for the opposite party no.2 opposes 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 six 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 complainant-opposite party no.2 – Sima Devi 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 1st Class, Dhanbad, in connection with C.P. Case No.2630 of 2017subject to the conditions laid down under section 438 (2) Cr. P.C.
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 – Sima Devi and hand over the said demand draft to her, after proper identification.
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.
(Anil Kumar Choudhary, J . )
Sonu/Gunjan-
1 provisions across 1 enactments
Nagendra Kumar Yadav
The State of Jharkhand
Sima Devi
Anil Kumar Choudhary
As recorded by the court registry
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