Allowed

Pintu Kumar Burnwal v. the State of Jharkhand

Jharkhand HC5 Mar 2019A.B.A./631/2019

Case brief

AI extract

What is this about?

A single judge granted anticipatory bail to the petitioner in connection with an FIR under Section 498A IPC, directing payment of ad interim compensation and furnishing a bail bond with sureties within four months.

What did the court decide?

Anticipatory bail granted subject to deposit of Rs. 1 lakh compensation and bail bond of Rs. 25,000 with two sureties within four months of the order.

Pintu Kumar Burnwal 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. 631 of 2019

¶3

Pintu Kumar Barnwal … Petitioner Versus 1. The State of Jharkhand 2. Guddi Devi … Opposite Parties ------

¶4

CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

¶5

------ For the Petitioner : Mr. N.K. Singh, Advocate For the State : Addl. P.P. For O.P. No.2 : Mr. S. Kumar, Advocate

¶6

------

¶7

Order No.05 Dated- 05.03.2019

¶8

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Complaint Case No.646 of 2017 registered under sections 498A of the Indian Penal Code.

¶9

Both the petitioner and opposite party no.2 are present in the Court today.

¶10

The opposite party no.2 submits that she is ready and willing to resume her conjugal life with the petitioner but the petitioner is not ready and willing to resume his conjugal life with the opposite party no.2 because of her past conduct.

¶11

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. 1 lakh 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.

¶12

Learned Addl. P.P. assisted by the learned counsel for the opposite party no.2 opposes the prayer for grant of anticipatory bail.

¶13

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.

¶14

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. 1,00,000/- as ad interim victim compensation drawn in favour of complainant-Guddi Devi 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. 1^st Class, Koderma, in connection with Complaint Case No.646 of 2017 subject to the conditions laid down under section 438 (2) Cr. P.C.

¶15

In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the complainant- Guddi Devi and hand over the said demand draft to her, after proper identification.

¶16

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 or final settlement between the parties, if and when the same takes place.

¶17

(Anil Kumar Choudhary, J . )

¶18

Sonu/Gunjan-

Pintu Kumar Burnwal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Pintu Kumar Burnwal 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

Ramanuj Sharma And Ors. Vs State of Jharkhand And Anr.

Hanif Ansari Vs the State of Jharkhand

Basant Prasad Gupta Vs the State of Jharkhand

Tanbir Hembram Vs the State of Jharkhand

MD Faiyaz Alam Vs the State of Jharkhand

Sarfaraz Khan Alias Sarfaraj Khan Vs the State of Jharkhand