Allowed

Naurangi Rajak v. the State of Jharkhand

Jharkhand HC26 Mar 2019A.B.A./263/2019

Case brief

AI extract

What is this about?

The High Court at Ranchi granted anticipatory bail to the petitioner in a domestic dispute case under Sections 498-A and 323 IPC, directing surrender and conditional bail upon deposit of compensation and delivery of articles.

What did the court decide?

Anticipatory bail granted; petitioner directed to surrender and deposit Rs. 70,000 as ad interim compensation and return articles as conditions for enlargement on bail.

Naurangi Rajak 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.263 of 2019

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Naurangi Rajak .... .... …. Petitioner Versus 1. The State of Jharkhand .... .... 2. Laxmi Rajak ....Opposite Parties

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Mrs. Jasvindar Mazumdar, Advocate For the State : Addl.P.P. For the O.P. No.2 : Mr. Md. Zaid Ahmed, Advocate

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Order No.03 Dated- 26.03.2019

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Apprehending his arrest in connection with C.P. Case No.2074 of 2017 instituted under Sections 498-A/323 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

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Heard the parties.

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Learned counsel appearing for the petitioner submits that the allegations against the petitioner are all false as well as general and omnibus in nature. Drawing attention of this Court towards page-29/31 of the brief which is the copy of the settlement arrived at between the parties at the Mediation Centre, Dhanbad it is submitted by the learned counsel for the petitioner that in terms of the said settlement, the petitioner is ready and willing to return the articles mentioned therein and he is further ready and willing to pay ad interim victim compensation of Rs.70,000/-(Rupees seventy thousand) without prejudice to his defence in this case in favour of the opposite party No.2 namely- Laxmi Rajak. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

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Learned Addl.P.P appearing for the State being assisted by the learned counsel for the opposite party No.2 oppose the prayer for anticipatory bail of the petitioner.

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Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned Judicial Magistrate, 1^st Class, Dhanbad within three months from today and in the event of his arrest or surrendering, the petitioner will be enlarged on bail on showing proof of delivery of the articles to the opposite party No.2 and depositing a demand draft of Rs.70,000/- (Rupees seventy

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thousand) as ad interim victim compensation without prejudice to his defence in this case drawn in favour of the opposite party No.2 namely- Laxmi Rajak and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount to the satisfaction of learned Judicial Magistrate, 1^st Class, Dhanbad in connection with C.P. Case No.2074 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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In case the petitioner deposits the demand draft of Rs.70,000/- (Rupees seventy thousand), the court below is directed to issue notice to the opposite party No.2 namely- Laxmi Rajak and on her proper identification, the court below shall handover the same to her forthwith.

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In case the petitioner deposits Rs.70,000/-(Rupees seventy thousand) in favour of the opposite party No.2 namely- Laxmi Rajak, the same shall be adjusted towards maintenance, if any or full and final settlement, if any, between the parties.

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(Anil Kumar Choudhary, J . )

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Animesh/

Naurangi Rajak v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Naurangi Rajak v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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