Allowed

Shikar Chandra Tudu Alias Shkar Chandra Manjhi v. the State of Jharkhand

Jharkhand HC11 Jun 2020A.B.A./1328/2020

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail under Section 438 CrPC apprehending arrest in a domestic dispute case. Court directed surrender within four weeks and release on bail upon furnishing bond after hearing arguments from petitioner and State.

What did the court decide?

Directed to surrender within four weeks; release on bail upon furnishing a bond of Rs. 10,000 with two sureties.

Shikar Chandra Tudu Alias Shkar Chandra Manjhi Vs… — Matrimonial and Divorce | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1328 of 2020

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Shikar Chandra Tudu @ Shkar Chandra Manjhi

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… … Petitioner Versus

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The State of Jharkhand 2. Smt. Laxmi Tudu … … Opposite Parties -------

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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY

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------- For the Petitioner : Mr. Prashant Pallav, Advocate For the State : Mrs. Lily Sahay, A.P.P. -------

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04/11.06.2020 Defects as pointed out by the office are ignored.

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Heard Mr. Prashant Pallav, learned counsel appearing for the petitioner and Mrs. Lily Sahay, learned A.P.P. for the State.

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The petitioner has prayed for grant of anticipatory bail, as he is apprehending his arrest in connection with Complaint Case No. 33/2017.

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The marriage of the complainant was solemnized with the petitioner on 21.06.2010. It has been alleged that she was not given proper treatment at the time of her pregnancy. It has further been alleged that there was a demand of two wheeler motorcycle, T.V. and a cash of Rs. 1,00,000/-. It has also been alleged that on 03.05.2017 the petitioner had come along with three others at village Raghoi and at the residence of village Munda had come for getting divorce as per the tribal laws but the Munda did not agree to the same.

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It has been stated by Mr. Prashant Pallav, learned counsel for the petitioner that the petitioner is the husband of the complainant and so far as the accused no. 2 arrayed in the complaint petition is concerned he being the father-in-law has already been granted anticipatory bail by the learned court below. It has further been stated that the petitioner is ready and willing to keep the opposite party no. 2 with him with full honour and dignity. It has also been stated that maintenance case has been filed against the petitioner by the opposite party no. 2.

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Mrs. Lily Sahay, learned A.P.P. for the State has opposed the prayer for anticipatory bail made by the petitioner.

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-2-

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It appears from the allegations made in the compliant petition that both the petitioners as well as his father has been accused to torture committed upon the opposite party no. 2. The petitioner as stated above is inclined to restore the conjugal life with the opposite party no. 2. In fact the father of the petitioner is also attributed to specific allegation but as stated by the learned counsel for the petitioner that he has already been granted anticipatory bail by the learned court below.

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Regard being had to the aforesaid facts, the petitioner, named above, is directed to surrender in the court below within a period of four weeks and on such surrender, he shall be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Porahat, Chaibasa in connection with Complaint Case No. 33/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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This application stands allowed.

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(R. Mukhopadhyay, J.)

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Alok/-

Shikar Chandra Tudu Alias Shkar Chandra Manjhi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Shikar Chandra Tudu Alias Shkar Chandra Manjhi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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