Allowed

MD Shamim Khan Alias Guddu v. the State of Jharkhand

Jharkhand HC4 Sept 2020A.B.A./155/2020

Case brief

AI extract

What is this about?

The Jharkhand High Court granted anticipatory bail to the petitioner apprehending arrest under section 438 Cr.P.C. in a domestic dispute involving dowry demands and marital conflict, directing surrender within four weeks and cooperation in ongoing mediation.

What did the court decide?

Anticipatory bail granted; direction to surrender within four weeks and furnish bail bond of Rs. 10,000 with two sureties; cooperation in mediation required.

MD Shamim Khan Alias Guddu Vs the State of Jharkhand — Domestic Violence | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 155 of 2020

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------- Md. Shamim Khan @ Guddu … … Petitioner

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Versus

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State of Jharkhand 2. Sarwari Khatoon … … Opposite Parties

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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY Through- Video Conferencing

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------- For the Petitioner : Mr. Sahil, Advocate For the State : Ms. Mahua Palit, A.P.P. For the O.P. No. 2. : Ms. Amrita Sinha, Advocate -------

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06/04.09.2020 Heard Mr. Sahil, learned counsel for the petitioner and Ms. Mahua Palit, learned A.P.P. for the State as well as Ms. Amrita Sinha, learned counsel appearing for the opposite party no. 2.

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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. 497/2019.

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The marriage of the complainant was solemnized with the petitioner on 07.10.2017. It has been alleged that there was a demand of Rs. 1,00,000/- and a motorcycle and on nonfulfillment of which she was subjected to torture. On account of the torture meted out to the complainant she was taken away by her parents where she had given birth to a child.

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It has been stated by the learned counsel for the petitioner that the complainant had preferred an application u/s 125 Cr.P.C. in which pursuant to the order of the learned Family Court the petitioner is diligently paying an amount of Rs. 3,500/- per month to the complainant. It has further been stated that the main allegation appears to have been levelled against the mother-in-law of the complainant namely Mobina Khatoon.

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Ms. Amrita Sinha, learned counsel appearing for the opposite party no. 2 submits that a mediation is going on and it is on the verge of being concluded. She has further stated that a positive outcome is expected in the mediation which is going on.

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On a perusal of the complaint petition the allegation appears to be general and omnibus in nature so far as the

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-2-

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petitioner is concerned who happens to be the husband of the complainant. The primary allegations are centered around the mother-in-law Mobina Khatoon. The petitioner also appears to have shown his bonafide in regularly making payment of maintenance in terms of the direction of the learned Family Court to the complainant. Moreover, as stated by Ms. Amrita Sinha, learned counsel for the opposite party no. 2, there is a possibility of a positive outcome in the mediation which is going on.

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On consideration of the aforesaid facts, therefore, I am inclined to extend the privilege of anticipatory bail to the petitioner. The petitioner accordingly is directed to surrender before the learned 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 Sub-Divisional Judicial Magistrate, Koderma in connection with Complaint Case No. 497/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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It is further made clear that the petitioner shall cooperate in the mediation process which as stated above is on the verge of being concluded.

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Ms. Amrita Sinha, learned counsel who is appearing in the present case on behalf of the opposite party no. 2 through JHALSA has submitted the Vakalatnama through e-mail to this Court.

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Let the same be kept on the record.

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Ms. Sinha, is further directed that once she receives the original Vakalatnama she shall file the same in the drop box kept for such purpose.

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(R. Mukhopadhyay, J.)

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Alok/-

MD Shamim Khan Alias Guddu v. the State of Jharkhand

Case brief

What is this about?

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MD Shamim Khan Alias Guddu v. the State of Jharkhand

Case brief

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What did the court decide?

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