High Court granted anticipatory bail to petitioner in a case involving IPC sections including 498A and 506. Bail is conditional on depositing Rs. 2,00,000 as interim victim compensation and furnishing a bond.
Anticipatory bail granted upon deposit of Rs. 2,00,000 as interim victim compensation and furnishing bail bond of Rs. 25,000 with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4930 of 2019
Rajesh Oraon … Petitioner Versus 1. The State of Jharkhand 2. Shalino Mukta Toppo … Opposite Parties
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Mohit Prakash, Advocate For the State : Mr. V. Bharti, Addl. P.P. For O.P. No.2 : Mr. Rakesh Kumar, Advocate ------
Order No.03 Dated- 06.11.2019
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Complaint Case No.C-208 of 2018 registered under sections 323/341/354/494/498A/506 of the Indian Penal Code.
Heard the parties.
Both the petitioner and opposite party no.2 are present in the Court today.
It is submitted by the petitioner that the petitioner is ready and willing to resume conjugal life with the opposite party no.2 but the opposite party no.2 submits that she is not ready and willing to resume conjugal life with the petitioner because of the past conduct.
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 complainant without prejudice to his defence in this case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.
Learned Addl. P.P. and the learned counsel for the opposite party no.2 opposes the prayer for grant of anticipatory bail.
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 four months 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 complainant-Shalini Mukta Toppo @ Shalino Mukta Toppo 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., Gumla, in connection with Complaint Case No.C-208 of 2018 subject to the conditions laid down under section 438 (2) Cr. P.C.
In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the complainant- Shalini Mukta Toppo @ Shalino Mukta Toppo and hand over the said demand draft to her, after proper identification.
In case, the said amount is received by the complainant, 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.
(Anil Kumar Choudhary, J . )
Gunjan-
2 issues framed by the court
Whether petitioner is entitled to anticipatory bail in a dowry and cruelty complaint case.
Whether the applicant can be released on bail on deposit of money as interim victim compensation.
2 provisions across 2 enactments
Rajesh Oraon
The State of Jharkhand
Shalino Mukta Toppo
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
