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Gopal Choudhary Alias Gopal Mahtha v. the State of Jharkhand

Jharkhand HC7 Mar 2019A.B.A./978/2019

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner apprehending arrest in a dowry harassment case. The court directed surrender within four weeks, deposit of Rs.60,000 as interim victim compensation, and furnishing of a bail bond with two sureties.

What did the court decide?

Anticipatory bail granted; directed to surrender in 4 weeks; deposit Rs.60,000 as ad interim victim compensation; furnish bail bond with two sureties and cooperate with investigation.

Gopal Choudhary Alias Gopal Mahtha Vs the State of… — Dowry and Cruelty | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.978 of 2019

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------

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Gopal Choudhary @ Mahtha @ Gopal Mahtha

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.... .... …. Petitioner Versus 1. The State of Jharkhand 2. Mamta Devi .... .... ....Opposite Parties -----CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Mr. Pran Pranay, Advocate For the State : Addl.P.P. For the O.P. No.2 : Mr. Sudhansu Kr. Deo, Advocate ------

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Order No.04 Dated- 07.03.2019

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Apprehending his arrest in connection with Mohanpur P.S. Case No.379 of 2017 corresponding to G.R. No.2179 of 2017 instituted under Sections 341, 323, 354B, 498A, 506, 504/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.

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In compliance of the order dated 28.02.2019, the petitioner and opposite party No.2 are present in person in the Court today.

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Heard the parties.

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Learned counsel appearing for the petitioner submits that the allegations against the petitioner are all false and general and omnibus in nature. It is further submitted that the petitioner is ready and willing to co-operate with the investigation of the case and to pay ad interim victim compensation of Rs.60,000/-(Rupees sixty thousand) without prejudice to his defence in this case in favour of the opposite party No.2 namely- Mamta Devi. 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 S.D.J.M., Deoghar within four weeks 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.60,000/- (Rupees sixty thousand) as ad interim victim

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compensation without prejudice to his defence in this case drawn in favour of the opposite party No.2 namely- Mamta Devi and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount to the satisfaction of learned S.D.J.M., Deoghar in connection with Mohanpur P.S. Case No.379 of 2017 corresponding to G.R. No.2179 of 2017 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case 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.60,000/- (Rupees sixty thousand), the court below is directed to issue notice to the opposite party No.2 namely- Mamta Devi and on her proper identification, the court below shall handover the same to her forthwith.

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In case the petitioner deposits Rs.60,000/- (Rupees sixty thousand) in favour of the opposite party no.2 namely- Mamta Devi, the same shall be adjusted towards maintenance, if any or full and final settlement, if any, between the parties.

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(Anil Kumar Choudhary, J . )

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Animesh/

Gopal Choudhary Alias Gopal Mahtha v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Gopal Choudhary Alias Gopal Mahtha v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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