Allowed

Naresh Roy v. the State of Jharkhand

Jharkhand HC3 Oct 2020A.B.A./2868/2020

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in two matrimonial cases involving allegations of dowry demand and alleged adultery. The court directed surrender within four weeks upon furnishing a bail bond with sureties.

What did the court decide?

The petitioner was granted anticipatory bail directed to surrender within four weeks, post bail bond of Rs. 10,000 with two sureties of like amount.

Naresh Roy Vs the State of Jharkhand — Matrimonial and Divorce | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 2868 of 2020

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With

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A.B.A. No. 9019 of 2019

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Naresh Roy @ Naresh Ray ... Petitioner in both the cases

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Versus

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The State of Jharkhand

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Babita Devi … Opposite Party in both the cases

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

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For the Petitioner : Mr. Md. Zaid Ahmed, Advocate For the State : Mrs. Lili Sahay, A.P.P. For the O.P. No. 2 : Mr. Arun Kumar, Advocate

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Order No. 03 Dated 03^rd October, 2020

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Heard the learned counsel appearing for the respective parties. So far as the defect No. 9(i), as pointed out by the office in A.B.A. No. 2868 of 2020, is concerned, learned counsel for the petitioner undertakes to remove the same once the situation normalizes. As regards the defects No. 9(ii) and 9(iii), as pointed out by the office, are concerned, the same are ignored.

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Vide order dated 09.09.2020 passed in A.B.A. No. 2868 of 2020 both the cases were directed to be tagged together since the parties are the same.

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In A.B.A. No. 2868 of 2020, the petitioner apprehends his arrested in connection with C.P. Case No. 3408 of 2018.

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In A.B.A. No. 9019 of 2019, the petitioner apprehends his arrested in connection with Mahuda P.S. Case No. 51 of 2019.

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The allegations as it appears from both the cases reveals that the marriage of the petitioner was solemnized with the informant/ complainant on 18.04.2015. It has been alleged that there was a demand of Rs. 1 Lakh cash and a Bullet motorcycle and on non-fulfillment of which she was subjected to torture. It was further alleged that the petitioner was having an illicit relationship with his sister-in-law and ultimately she was ousted from her matrimonial house.

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The petitioner is the husband of the informant/ complainant who appears to have lodged two separate cases containing similar nature of allegations against the petitioner and others. In A.B.A. No.

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9019 of 2019 vide order 07.08.2020, matter was referred for mediation before D.L.S.A., Dhanbad. The report of the mediation is at Flag-R from which it appears that both the parties could not reach an amicable settlement and hence the mediation did not prove successful. So far as the allegations levelled against the petitioner is concerned, the same are general and omnibus in nature, barring an allegation of the petitioner having an illicit relationship with his sister-in-law.

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In view of the aforesaid facts, I am inclined to extend the privilege of anticipatory bail to the petitioner in both the cases. The petitioner is accordingly directed to surrender before the concerned learned court below in both the cases 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 Judicial Magistrate, Dhanbad and learned Additional Chief Judicial Magistrate, Dhanbad and in connection with C.P. Case No. 3408 of 2018 and Mahuda P.S. Case No. 51 of 2019 respectively, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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These applications stand allowed.

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(RONGON MUKHOPADHYAY,J.)

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Naresh Roy v. the State of Jharkhand

Case brief

What is this about?

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Naresh Roy v. the State of Jharkhand

Case brief

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