Justice Kailash Prasad Deo granted anticipatory bail to the petitioners in a complaint case involving IPC and Dowry Act allegations, subject to conditions including maintenance payment.
Petitioners directed to be released on anticipatory bail, subject to furnishing bonds, sureties, and the condition of monthly maintenance payment.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 6888 of 2018
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Versus
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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
----- For the Petitioners : Mr. Sanjay Kr. Pandey, Advocate For the State : Mr. P.K. Appu, A.P.P For the O.P. No. 2 : Mr. Awnish Shankar, Advocate
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04/11.04.2019 Petitioners are apprehending their arrest in connection with Complaint Case No. 189 of 2017 for the offence registered under sections 498A/323 of the Indian Penal Code and under section 3/4 of the Dowry Prohibition Act.
Learned counsel for the petitioners has submitted that marriage was solemnized in the year, 2016 and thereafter a complaint case has been filed with frivolous allegation though the husband is ready to live with his wife and restore the conjugal life for which his wife is not ready. Learned counsel for the petitioners has submitted that husband (petitioner no. 2) is also ready to pay a sum of Rs. 3000/- per month as day today maintenance allowance to his wife. Learned counsel for the petitioners has further submitted that the allegation made in the complaint petition particularly at paragraph- 8 is not in consonance with her statement on solemn affirmation which is at page no.-15 and as such, the petitioners may be enlarged on bail.
Learned counsel for the State assisted by learned counsel for O.P. No. 2 has opposed the prayer for bail.
Considering the rival submissions of the parties, since the husband has shown his inclination to restore the conjugal life but his wife is not co-operating and husband (petitioner no. 2) is also ready to pay Rs. 3000/- per month to his wife, as such, petitioners named above are directed to be released on anticipatory bail in the event of their surrender/arrest within four weeks from today, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Ramgarh in connection with Complaint Case No. 189 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. with a further condition that petitioner no.
2 shall deposit a sum of Rs. 3000/- per month to his wife before 10th day of each English calendar month, failing which the bail bonds of the petitioners will be cancelled.
(Kailash Prasad Deo, J.)
Pallavi/
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in the complaint case regarding allegations under Sections 498A IPC and Dowry Prohibition Act.
1 provisions across 1 enactments
Saro Devi
Kishore Ravidas
The State of Jharkhand
Sunita Devi
Kailash Prasad Deo
As recorded by the court registry
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