Allowed

Ahmad Shahbaz v. The State Of Jharkhand And Anr.

Jharkhand HC17 Jan 2019A.B.A./68/2018

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a case involving offences under Sections 498A, 307, 341, 323 IPC and the Dowry Prohibition Act. Directions were issued for surrender, deposit of victim compensation, and cooperation with investigation.

What did the court decide?

Anticipatory bail granted with conditions: surrender within four months, deposit Rs.2,25,000 victim compensation, furnish bond with sureties, cooperate with investigation, appear as noticed.

Ahmad Shahbaz Vs The State Of Jharkhand And Anr. — Domestic Violence | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.68 of 2018

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Ahmad Shahbaz @ Ahmad Sahbaj .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Hasrat Jahan .... .... .... Opposite Parties

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Mr. Ajay Kr. Singh, Advocate For the State : Addl.P.P. For the O.P. No.2 : Mr. Krishna Shankar, Advocate

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Order No.12 Dated- 17.01.2019

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Apprehending his arrest in connection with Bistupur P.S. Case No.174 of 2017 corresponding to G.R. No.1604 of 2017 instituted under Sections 498(A), 307, 341, 323 of the Indian Penal Code and Section 3 & 4 of the Dowry Prohibition Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.

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Heard learned counsel appearing for the petitioner and learned Addl.P.P. appearing for the State being assisted by the learned counsel for the opposite party No.2.

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In pursuance of the order dated 25.10.2018, the petitioner and the opposite party No.2 are present in person in the Court today.

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Learned counsel appearing for the petitioner submits that all the allegations against the petitioner are false and general and omnibus in nature. The petitioner is ready and willing to resume his conjugal life with the opposite party No.2. It is further submitted that the parents of the opposite party No.2 paid Rs.2,25,000/- to the father of the petitioner. It is next submitted that the petitioner is ready and willing to pay ad interim victim compensation of Rs.2,25,000/-(Rupees two lakh twenty five thousand) in favour of the opposite party No.2 namely- Hasrat Jahan and he further undertakes to co-operate with the investigation of the case. It is agreed to between the parties that the petitioner will go to the paternal house of the opposite party No.2 to meet her at any time mutually fixed by them starting from 18.01.2019. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

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Learned Addl.P.P appearing for the State being assisted by the learned counsel for the opposite party No.2 oppose the prayer for anticipatory bail of the petitioner.

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Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned Chief Judicial Magistrate, Jamshedpur within four months from today and in the event of his arrest or surrendering, the petitioner will be enlarged on bail on depositing a demand draft of Rs.2,25,000/- (Rupees two lakh twenty five thousand) as ad interim victim compensation drawn in favour of the opposite party No.2 namely- Hasrat Jahan and on furnishing bail bond of Rs.25,000/(Twenty five thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Jamshedpur in connection with Bistupur P.S. Case No.174 of 2017 corresponding to G.R. No.1604 of 2017 with the condition that he will co-operate during the investigation of the case and appear before the investigating officer as and when noticed by him and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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In case the petitioner deposits the demand draft of Rs.2,25,000/- (Rupees two lakh twenty five thousand), the court below is directed to issue notice to the opposite party No.2 of this case namely- Hasrat Jahan and on her proper identification, the court below shall handover the same to her forthwith.

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(Anil Kumar Choudhary, J . )

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Animesh/

Ahmad Shahbaz v. The State Of Jharkhand And Anr.

Case brief

What is this about?

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Ahmad Shahbaz v. The State Of Jharkhand And Anr.

Case brief

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What did the court decide?

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