Allowed

Mithilesh Kumar Alias Mithilesh Kumar Burnwal v. the State of Jharkhand

Jharkhand HC18 Feb 2019A.B.A./589/2019

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to five petitioners facing charges under Section 498A IPC and D.P. Act for false allegations. The Court allowed release upon depositing compensation and furnishing a bail bond contingent on cooperation with investigation.

What did the court decide?

Petitioners granted anticipatory bail; on arrest or surrender within four weeks, release on bail by depositing Rs. 10,000 each as interim victim compensation and furnishing bail bond of Rs. 25,000 eac

Mithilesh Kumar Alias Mithilesh Kumar Burnwal Vs the… — Dowry and Cruelty | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B. A. No. 589 of 2019

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Mithilesh Kumar @ Mithilesh Kumar Burnwal

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Awadesh Kumar @ Aadesh @ Awdesh Kumar Burnwal @ Awadesh Kumar Burnwal

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Narayan Modi @ Narayan Prasad Burnwal

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Meena Devi

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Sabita Devi @ Sabita Burnwal … Petitioner

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Versus

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The State of Jharkhand … Opposite Party

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Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. H. K. Shikarwar, Adv. For the State : Addl. P.P. For Opposite Party No. 2 : Miss. Apoorva Singh, Adv.

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04 / 18.02.19 Heard the parties.

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Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Dhanwar P.S. Case No. 355 of 2018 registered under Sections 341/323/498A/313/34 of the Indian Penal Code and 3/4 D.P. Act.

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The learned counsel appearing for the petitioner submits that petitioner no. 1 is the Bhaisur and petitioner no. 2 is the Devar , petitioner no. 3 and 4 are respectively, father-in-law and mother-in-law and petitioner no. 5 is the Gotni of the informant and the allegations against the petitioners are all false and those allegations are general and omnibus in nature. It is next submitted that the petitioners are ready to co-operate with the investigation of the case and also ready and willing to pay Rs. Rs. 10,000/- each as ad interim victim compensation to the informant without prejudice to their defence, hence, the petitioners be given the privilege of anticipatory bail.

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The learned Addl. PP opposes the prayer for anticipatory

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bail.

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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

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surrender within a period of four weeks from the date of this order, the petitioner shall be released on bail on depositing Rs. 10,000/- each by way of demand draft drawn in favour of informant- Radhika Kumari as ad interim victim compensation and 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, Giridih in connection with Dhanwar P.S. Case No. 355 of 2018 subject to the condition that the petitioners will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit their mobile number and photocopy of their Adhar cards at the time to surrender in the court below with an undertaking that they will not change their mobile numbers during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.

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

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( ANIL KUMAR CHOUDHARY, J.)

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Smita/-

Mithilesh Kumar Alias Mithilesh Kumar Burnwal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Mithilesh Kumar Alias Mithilesh Kumar Burnwal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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