The High Court of Jharkhand confirmed an interim anticipatory bail granted to the petitioner in a Domestic Violence/Dowry harassment case. The order proceeded on the facts that allegations were general.
Confirmation of interim anticipatory bail granted on 23.01.2020.
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. 248 of 2020
Nasim Ansari .... Petitioner Versus 1. The State of Jharkhand 2. Subaida Bibi … Opposite Parties ---
CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY Through Video Conferencing
--For the Petitioner : Mr. Nilesh Kumar, Advocate For the State : Mr. Sandip Kumar Burnwal, A.P.P. For the O.P. No. 2 : Ms. Satakshi, Advocate ---
Order No. 04 Dated 09th June 2020
Heard the learned counsel for the respective sides.
The petitioner apprehends his arrest in connection with Complaint Case No. 1616 of 2017, pending before the Court of learned Judicial Magistrate, 1st Class, Garhwa.
The marriage of the complainant was solemnized with the petitioner in the year 2011. It has been alleged that there was a demand of Rs. 1 Lakh cash and a motorcycle and on non-fulfillment of which she was subjected to torture. Lastly it has been alleged that she was ousted from her matrimonial house.
Ms. Satakshi, learned counsel for the opposite party No. 2 has stated that the complainant as well as her witnesses had supported the allegations levelled against the petitioner. She has further stated that in the 125 Cr.P.C. proceeding an amount of Rs. 5,000/- was awarded in favour of the opposite party No. 2, but the petitioner has not made payment of any maintenance.
It appears that the allegations are general and omnibus in nature. So far as the proceeding u/s 125 Cr.P.C. is concerned, the opposite party No. 2 is always at liberty to get the order of maintenance executed.
Regard being had to the aforesaid facts, the interim anticipatory bail granted to the petitioner on 23.01.2020 in connection with Complaint Case No. 1616 of 2017 is hereby confirmed.
This application stands disposed of.
(RONGON MUKHOPADHYAY,J.)
MK
Nasim Ansari
The State of Jharkhand
Subaida Bibi
Rongon Mukhopadhyay
As recorded by the court registry
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