Allowed

Braj Bhushan Bihari v. the State of Jharkhand

Jharkhand HC9 May 2019A.B.A./493/2019

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioners facing alleged offences under Section 498A IPC and the Dowry Prohibition Act. The order directed release upon payment of interim victim compensation and furnishing of bail bonds within four weeks.

What did the court decide?

Granted anticipatory bail contingent on depositing Rs. 20,000 victim compensation and furnishing Rs. 25,000 bail bond with two sureties within four weeks of arrest or surrender.

Braj Bhushan Bihari Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2019)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

A.B. A. No. 493 of 2019

¶3

Braj Bhushan Bihari

¶4

Rijhan Devi … Petitioners Versus The State of Jharkhand & Anr. … Opposite Parties

¶5

Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioners : Mr. P.K. Pathak, Adv. For the State : Addl. P.P.

¶6

05 / 09.05.19 Heard the parties. Though notice was issued to the opposite party no. 2 but no one turns up on behalf of opposite party no.2 in spite of repeated calls.

¶7

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with complain case no. 91 of 2018 registered under Sections 498A of the Indian Penal Code and Section 3/4 D.P.Act.

¶8

The learned counsel appearing for the petitioners submits that petitioner no. 1 is the husband and petitioner no. 2 is the mother-in-law of the complainant and the allegations against the petitioners are all false and those are general and omnibus in nature. It is next submitted that the petitioner no. 1 is ready and willing to pay Rs. 20,000/- as ad interim victim compensation to the complainant without prejudice to his defence, hence, the petitioners be given the privilege of anticipatory bail.

¶9

The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner.

¶10

Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners. Hence, in the event of arrest by the police or surrender within a period of four weeks from the date of this order, the petitioner no. 1 shall be released on bail on depositing Rs. 20,000/- by way of demand draft drawn in favour of complainant as ad interim victim compensation and on both the

¶11

petitioners’ furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st class, Ranchi in connection with complain case no. 91 of 2018 subject to the conditions laid down under section 438 (2) Cr. P.C.

¶12

In case of depositing aforesaid demand draft by the petitioner, learned court below is directed to issue notice to the complainant and release the demand draft in her favour on proper identification forthwith.

¶13

( ANIL KUMAR CHOUDHARY, J.)

¶14

Smita/-

Braj Bhushan Bihari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Braj Bhushan Bihari v. the 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

Case details

Similar cases

Milan Gupta Vs the State of Jharkhand

Pradeep Kumar Ghosh Vs the State of Jharkhand

Sadanand Mehta Vs the State of Jharkhand

Chanchal Poddar Vs the State of Jharkhand

Bimal Soren Vs the State of Jharkhand

Sunil Nayak Alias Sunil Kumar Nayak Vs the State of Jharkhand