The High Court of Jharkhand granted anticipatory bail to the petitioner apprehending arrest in a case involving Sections 498A/494 IPC and the Dowry Prohibition Act. Bail conditions include surrender and furnishing a bond.
Grant of anticipatory bail with direction to surrender and file bond of Rs. 25,000 with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.7700 of 2018
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Babi Devi @ Baby Devi .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Bindu Devi .... .... .... Opposite Parties -----CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------ For the Petitioner : Mr. Binit Chandra, Advocate For the State : Addl.P.P. For the Opposite Party No.2 : Mr. Shiv Prasad, Advocate
Order No.03 Dated- 09.01.2019
Apprehending her arrest in connection with Madhupur (Mahila) P.S. Case No.28 of 2017 corresponding to G.R. No.988 of 2017 instituted under Sections 498A/494 of the Indian Penal Code and under Section 3 & 4 of the Dowry Prohibition Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.
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.
Learned counsel appearing for the petitioner submits that the allegations against the petitioner are all false and general and omnibus in nature. The petitioner is no way related to the husband of the opposite party No.2. Hence, she is not the relative of the husband of the opposite party No.2. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.
Learned Addl.P.P appearing for the State being assisted by the learned counsel for the opposite party No.2 opposed the prayer for anticipatory bail of the petitioner.
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 Sub-Divisional Judicial Magistrate, Madhupur, Deoghar within four weeks from today and in the event of her arrest or surrendering, she will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Madhupur, Deoghar in connection with Madhupur (Mahila) P.S. Case No.28 of 2017 corresponding to G.R. No.988 of
2017 and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Choudhary, J . )
Animesh/
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in love-j hatred/family dispute cases under Sections 498A IPC and Sections 494 IPC & Dowry Prohibition Act.
1 provisions across 1 enactments
Babi Devi @ Baby Devi
The State of Jharkhand
Bindu Devi
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
