Allowed

MD Wasi Akhtar v. the State of Jharkhand

Jharkhand HC19 Jun 2019A.B.A./2009/2019

Case brief

AI extract

What is this about?

This Court granted anticipatory bail to the petitioner in connection with a matrimonial offence. The Court directed the petitioner to deposit a specific sum as ad interim victim compensation and furnish a bail bond to obtain release upon arrest or surrender.

What did the court decide?

Grant of anticipatory bail subject to deposit of Rs. 60,000 as victim compensation and bail bond of Rs. 25,000 with two sureties within eight weeks of the order.

MD Wasi Akhtar 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. 2009 of 2019

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Md. Wasi Akhtar … Petitioner Versus 1. The State of Jharkhand 2. Shirin Badar … Opposite Party

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------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Mr. Md. Z. Ahmed, Advocate For the State : Addl. P.P. For O.P. No.2 : Mr. S.K. Singh, Advocate ------

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Order No.05 Dated- 19.06.2019

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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.354 of 2018 registered under sections 498A 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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It is submitted by the petitioner that he is ready and willing to resume conjugal life with the opposite party no.2 but the opposite party no.2 submits that she is not ready and willing to resume conjugal life with the petitioner because of his past conduct.

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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. 60,000/- as ad interim victim compensation to the informant 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 eight weeks from the date of this order, he shall be released on bail on depositing a demand draft of Rs. 60,000/- as ad interim victim compensation in favour of informant-Shirin Badar 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.354 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- Shirin Badar 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-

MD Wasi Akhtar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

MD Wasi Akhtar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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