This court granted anticipatory bail to the petitioner against arrest in a domestic dispute case, considering the long duration of the marriage and the parties' age, directing surrender within four weeks.
The petitioner was granted anticipatory bail directed to surrender within four weeks on furnishing a bail bond of Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 2314 of 2020
Chandray Kisku ..... Petitioner Vs. The State of Jharkhand & another .... Opposite Parties ---
CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY Through Video Conferencing
--For the Petitioner : Mr. S. S. Choudhary, Advocate For the State : Mr. Rajesh Kumar, A.P.P. ---
Order No. 03 Dated 17th August, 2020
Heard the learned counsel for the respective sides. The defects, as pointed out by the office, are ignored.
The petitioner apprehends his arrest in connection with Complaint
Case No. 671 of 2018.
The marriage of the complainant was solemnized with the petitioner in year 1976. It has been alleged that for the last four years, the complainant was subjected to torture since the petitioner had developed an illicit relationship with one Talabiti Baski and was pressurizing the complainant for divorce.
It appears that the case was instituted after 42 years of the married life between the petitioner and the complainant. Both appear to be aged persons.
Regard being had to the aforesaid facts, I am inclined to extend the privilege of anticipatory bail to the petitioner. The petitioner is accordingly directed to surrender before the learned court below within four weeks from today and on such surrender, he shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sahibganj in connection with Complaint Case No. 671 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This application stands allowed.
(RONGON MUKHOPADHYAY,J.)
MK
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail apprehending arrest in a domestic dispute case.
Whether the long duration of a valid marriage should influence the grant of anticipatory bail.
1 provisions across 1 enactments
Chandray Kisku
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
