Allowed

Jabbar Mian v. the State of Jharkhand

Jharkhand HC11 Mar 2019A.B.A./599/2019

Case brief

AI extract

What is this about?

High Court of Jharkhand granted anticipatory bail to the petitioner in P.C.R. Case No. 402 of 2016, directing him to deposit Rs. 1.20 lakhs as victim compensation and furnish a bail bond with sureties upon arrest or surrender within four months.

What did the court decide?

Anticipatory bail granted conditional upon deposit of Rs. 1.20 lakhs victim compensation and furnishing of a bail bond with two sureties within four months of arrest or surrender.

Jabbar Mian 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. 599 of 2019

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Jabbar Mian … Petitioner Versus 1. The State of Jharkhand 2. Sehara Bibi … Opposite Parties ------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Mr. A.K. Choudhary, Advocate For the State : Addl. P.P. For O.P. No.2 : Mr. Sudhansu Kr. Deo, Advocate ------

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Order No.05 Dated- 11.03.2019

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with P.C.R. Case No.402 of 2016 registered under sections 323/498A/34 of the Indian Penal Code.

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Heard the parties.

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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 earlier the complainant filed another case inter alia for the offence punishable under Section 498A of the Indian Penal Code vide Deoghar P.S. Case No. 375 of 2014 in which the petitioner has been acquitted. It is next submitted that the petitioner is ready and willing to pay Rs. 1.20 lakhs 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.

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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 four months from the date of this order, he shall be released on bail

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on depositing a demand draft of Rs. 1,20,000/- as ad interim victim compensation in favour of complainant-Sehara Bibi 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., Madhupur, in connection with P.C.R. Case No.402 of 2016 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 complainant-Sehara Bibi 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 complainantopposite party no.2, the same shall be adjusted with respect to the maintenance in any present or future proceeding between the parties.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Jabbar Mian v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Jabbar Mian v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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