The High Court granted anticipatory bail to the petitioner in a case involving sections 498-A IPC and Dowry Prohibition Act, directing surrender and deposit of compensation.
Grant of anticipatory bail conditioned on surrender, deposit of Rs.30,000 compensation, and furnishing of bail bond.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.4292 of 2019
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Prayag Yadav @ Paryag Yadav .... .... …. Petitioner Versus 1. The State of Jharkhand .... .... 2. Sanju Kumari .... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------ For the Petitioner : Mr. Rajesh Lala, Advocate For the State : Mr. Gouri S. Prasad, A.P.P For the O.P. No.2 : Mr. Munna Lal Yadav, Advocate
Order No.03 Dated- 02.09.2019
Apprehending his arrest in connection with Complaint Case No.1268 of 2018 instituted under Sections 498-A, 323 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.
Heard the parties.
The petitioner and opposite party No.2 are present in the Court today. The petitioner is ready and willing to resume conjugal life with the opposite party No.2 but the opposite party No.2, in view of the past conduct of the petitioner, is not ready and willing to resume conjugal life with the petitioner.
Learned counsel appearing for the petitioner submits that the allegations against the petitioner are all false and general and omnibus in nature. It is lastly submitted that the petitioner is ready and willing to pay ad interim victim compensation of Rs.30,000/- without prejudice to his defence in this case in favour of the opposite party No.2 namely- Sanju Kumari. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.
Learned A.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.
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, 1st Class at Koderma within four weeks from today and in the event of his arrest or surrendering, the petitioner will be enlarged on bail on depositing a demand draft of Rs.30,000/- as ad interim victim compensation without prejudice to his defence in this case drawn in
favour of the opposite party No.2 namely- Sanju Kumari 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, 1st Class at Koderma in connection with Complaint Case No.1268 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
In case the petitioner deposits the said demand draft, the court below is directed to issue notice to the opposite party No.2 namely- Sanju Kumari and on her proper identification, the court below shall handover the same to her forthwith.
In case the petitioner deposits Rs.30,000/- in favour of the opposite party No.2 namely- Sanju Kumari, the same shall be adjusted towards maintenance, if any or full and final settlement, if any, between the parties.
(Anil Kumar Choudhary, J . )
Animesh/
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case under Sections 498-A IPC and Dowry Prohibition Act.
Whether the petitioner should surrender and deposit ad interim compensation to the opposite party.
4 provisions across 3 enactments
Prayag Yadav
The State of Jharkhand
Sanju Kumari
Anil Kumar Choudhary
As recorded by the court registry
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