Allowed

Ravikant Srivastava v. the State of Jharkhand

Jharkhand HC15 Feb 2019A.B.A./202/2019

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a Dowry Prohibition Act and 498A IPC case. The court was satisfied by the petitioner's application averments and the informant's willingness to resume conjugal life. Bail was conditioned on restoring the wife's conjugal life and dignity.

What did the court decide?

Anticipatory bail granted; petitioner shall be released on bail upon appearance satisfying Sub-Divisional Magistrate, Jamshedpur, paying Rs. 25,000 bond with two sureties, undertaking to restore conju

Ravikant Srivastava Vs the State of Jharkhand — Domestic Violence | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 202 of 2019

Ravikant Shrivastava

… ... Petitioner

Versus

The State of Jharkhand

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Shweta Rani Shrivastava … … Opposite Parties --------

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. J.S. Singh, Advocate For the State : Addl.P.P.

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Order No. 04: Dated: 15^th February, 2019

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Kadma P.S. Case No. 30 of 2018 (arising out of Complaint Case No. 2233 of 2017) for the offence registered under Sections 498A, 120B, 323, 324 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

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Heard the parties.

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Though the petitioner was directed to remain present in the Court today but he is not present in the Court. Opposite party no. 2 - informant is present in the Court in person. The opposite party no. 2 submits that she is ready and willing to resume conjugal life with the petitioner if he keeps her with dignity and honour as averred in paragraph -8 of the anticipatory bail application.

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Perusal of the record reveals that in paragraph 8 of the anticipatory bail application it has been mentioned by the petitioner that he is ready to restore the conjugal life with the informant with full dignity and honour. The learned counsel for the petitioner submits that the allegation against the petitioner is false hence the petitioner be given the privilege of anticipatory bail.

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The learned Addl. P.P. assisted by the learned counsel for the opposite party no. 2 submits that in view of agreement between the parties to resume conjugal life they have no objection to the prayer for anticipatory bail of the petitioner.

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Considering the averments made by the petitioner in paragraph 8 of the anticipatory bail application as well as the submissions made by the opposite party no. 2 – informant for resuming conjugal life, I am of the opinion that this is a fit case where the petitioner, named above, 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 satisfying the Sub-Divisional Judicial Magistrate, Jamshedpur that he has taken the opposite party no. 2 to his house and keeping her with full dignity and honour and on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jamshedpur in connection with Kadma P.S. Case No. 30 of 2018 (arising out of Complaint Case No. 2233 of 2017), subject to the condition that the petitioner will keep and maintain the opposite party no.2 as his lawful wife with full dignity and honour and other conditions laid down under Section 438(2) of the Code of Criminal Procedure.

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(Anil Kumar Choudhary, J.)

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Ravikant Srivastava v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Ravikant Srivastava v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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