Allowed

Pawan Jaiswal v. the State of Jharkhand

Jharkhand HC18 Jun 2019A.B.A./277/2019

Case brief

AI extract

What is this about?

The High Court at Ranchi granted anticipatory bail to the petitioner in a dowry-related FIR under sections 498A/467/468/471 IPC. The court allowed interim victim compensation and conditioned release on deposit of money and furnishing a bond.

What did the court decide?

Grant of anticipatory bail subject to depositing Rs. 2,00,000 as interim victim compensation and furnishing a bail bond of Rs. 25,000 with two sureties.

Pawan Jaiswal 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. 277 of 2019

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Pawan Jaiswal … Petitioner Versus 1. The State of Jharkhand 2. Neetu Jaiswal … Opposite Parties

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------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Mr. Pravin Kr. Rana, Advocate For the State : Addl. P.P. For O.P. No.2 : Ms. Shristi Sinha, Advocate ------

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Order No.07 Dated- 18.06.2019

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Jaridih P.S. Case No.25 of 2018 (G.R. No. 163 of 2018) registered under sections 498A/323/467/468/471/494 of the Indian Penal Code.

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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 not ready and willing to resume conjugal life with the opposite party no.2 because of her past conduct but the opposite party no.2 submits that she is ready and willing to resume conjugal life with the petitioner.

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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. 2,00,000/- 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. 2,00,000/- as ad interim victim compensation in favour of informant-Neetu Jaiswal 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, Bermo at Tenughat at Bokaro, in connection with Jaridih P.S. Case No.25 of 2018 (G.R. No. 163 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- Neetu Jaiswal 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-

Pawan Jaiswal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Pawan Jaiswal 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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