Allowed

MD Akhtar Ansari Alias Akhtar Ansari v. State of Jharkhand

Jharkhand HC19 Jun 2019A.B.A./2254/2019

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the petitioner in an FIR for offences under 498A/504/34 IPC and DV Act, conditioned upon depositing Rs. 35,000 as interim victim compensation. The deposit is to be adjusted against future maintenance claims or settlement.

What did the court decide?

Petitioner granted anticipatory bail, conditional on depositing Rs. 35,000 as interim victim compensation and furnishing a bail bond of Rs. 25,000 with two sureties.

MD Akhtar Ansari Alias Akhtar Ansari Vs State of Jharkhand — Domestic Violence | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2254 of 2019

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Md. Akhtar Ansari @ Akhtar Ansari … Petitioner Versus 1. The State of Jharkhand 2. Shahbanu Khatoon … Opposite Parties ------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Mr. J. Mazumdar, Advocate For the State : Addl. P.P. For O.P. No.2 : Mr. Md. Z. Ahmed, Advocate ------

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Order No.03 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 Nirsa P.S. Case No.01 of 2019 registered under sections 498A/504/34 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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It is submitted by the opposite party no.2 that she is ready and willing to resume conjugal life with the petitioner on the condition that the petitioner severs his relationship with his other wife but the petitioner submits that he is not ready and willing to sever his relationship with his other wife.

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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. 35,000/- 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 two months from the date of this order, he shall be released on bail on depositing a demand draft of Rs. 35,000/- as ad interim victim compensation in favour of informant-Shahbanu Khatoon 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 J.M. 1^st Class, Dhanbad, in connection with Nirsa P.S. Case No.01 of 2019 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- Shahbanu Khatoon 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 Akhtar Ansari Alias Akhtar Ansari v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

MD Akhtar Ansari Alias Akhtar Ansari v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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