Allowed

Khurshid Alam v. the State of Jharkhand

Jharkhand HC19 Nov 2019A.B.A./1964/2018

Case brief

AI extract

What is this about?

The Jharkhand High Court granted anticipatory bail to petitioners charged with receiving dowry. The bail is conditional upon depositing jewelry and paying interim compensation if the victim cooperates.

What did the court decide?

Anticipatory bail granted pending arrest or surrender within four months, conditional on deposit of jewelry and payment of Rs. 1,30,000 interim compensation.

Khurshid Alam Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1964 of 2018

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Khurshid Alam

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Saimuddin Alam … Petitioners Versus

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The State of Jharkhand

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Beneyaz Praveen @ Soni Praveen … Opposite Parties

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mrs. A. Shrivastava, Advocate For the State : Mr. R.P. Singh, Addl. P.P. For O.P. No.2 : Mr. Amtiyaj Khan, Advocate

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Order No.10 Dated- 19.11.2019

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Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Complaint Case No.1380 of 2016 registered under sections 6 of D.P. Act.

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Heard the parties.

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The Learned counsel for the petitioners submits that the allegation against the petitioners is that petitioners have received dowry in connection with marriage of the wife of the petitioner no.1 who is the daughter-in-law of the petitioner no.2. It is further submitted that the allegation against the petitioners are all false and the jewelries- the details of which has been mentioned in internal page no.5 of the complaint petition are with the opposite party no.2. It is next submitted that the petitioners are ready and willing to jointly pay Rs. 1,30,000/- as ad interim victim compensation to the complainant without prejudice to his defence in this case and is ready and willing to return the articles at serial no.1 to 98 as mentioned in the complaint petition at internal page nos.5-9 of the brief, if she issues an acknowledgement in receipt of the said articles. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.

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Learned Addl. P.P. and the learned counsel for the opposite party no.2 opposes the prayer for grant of anticipatory bail.

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Learned counsel for the opposite party no.2 submits that the jewelries are still in the custody of the petitioners.

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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 petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of four months from the date of this order, they shall be released on bail on jointly depositing a demand draft of Rs. 1,30,000/- as ad interim victim compensation in favour of opposite party no.2Beneyaz Praveen @ Soni Praveen and also showing the proof of delivery of articles as mentioned at serial nos.1 to 98 of the complaint as mentioned above and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Palamau at Daltonganj, in connection with Complaint Case No.1380 of 2016 subject to the conditions laid down under section 438 (2) Cr. P.C.

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In case, the opposite party no.2 does not cooperate in receipt of the said articles, the same be deposited by the petitioner in the trial court concerned and on the petitioners executing bail bond as mentioned above and depositing the demand draft as above, be enlarged on bail .

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It is made clear that in case, the petitioners deposit the articles in the trial court concerned, then the trial court may give the said articles in zimma to anybody of its choice including the petitioners or passed any such orders as it deems fit and proper in respect of said articles.

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In case, the petitioners deposit the ad interim victim compensation amount, the court below is directed to issue notice to the opposite party no.2-Beneyaz Praveen @ Soni Praveen and hand over the said demand draft to her, after proper identification.

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(Anil Kumar Choudhary, J . )

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Gunjan-

Khurshid Alam v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Khurshid Alam v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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