Allowed

Mehtab Alam v. the State of Jharkhand

Jharkhand HC2 Nov 2020A.B.A./3022/2020

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in an anticipatory bail application filed to avoid arrest in a case involving allegations of dowry harassment and cruelty. The court imposed conditions including an interim victim compensation payment and cooperation with investigation.

What did the court decide?

Anticipatory bail granted contingent upon arrest within four months, requiring deposit of Rs. 2,00,000 as interim victim compensation, bail bond of Rs. 25,000 with two sureties, and compliance with Se

Mehtab Alam Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2020)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

A.B. A. No. 3022 of 2020

¶3

Mehtab Alam … Petitioner Versus The State of Jharkhand & Anr. … Opposite Parties

¶4

Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

¶5

For the Petitioner : Mr. Santosh Kumar, Adv. For the State : Mr. V.N. Jha, Addl. P.P. For Opposite Party No. 2 : Mr. Nandan Prasad, Adv.

¶6

03 / 02.11.2020 Heard the parties through Video Conferencing.

¶7

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Bermo P.S. case no. 47 of 2020 registered under Sections 498A, 354, 406, 376, 504 of the Indian Penal Code and section 3 and 4 of D.P. Act.

¶8

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner established physical relationship with the informant-opposite party no. 2 on the pretext of marriage and later on, he married the informant-opposite party no. 2 and the petitioner treated her with cruelty and demanded dowry. It is then submitted that the allegations against the petitioner are all false. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and also ready and willing to pay Rs. 2,00,000/- as ad interim victim compensation to the informant-opposite party no. 2 without prejudice to his defence and hence, the petitioner be given the privilege of anticipatory bail.

¶9

The learned Addl. PP and learned counsel for the informantopposite party no. 2 oppose the prayer for anticipatory bail of the petitioner. Learned counsel for the informant-opposite party no. 2 submits that the learned counsel for the informant-opposite party no. 2 is ready and willing to resume conjugal life with the petitioner but the petitioner is not ready and willing to resume conjugal life with the informant-opposite party no. 2

¶10

Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of

¶11

four months from the date of this order, the petitioner shall be released on bail on depositing Rs. 2,00,000/- by way of demand draft drawn in favour of informant as ad interim victim compensation and furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Bermo at Tenughat in connection with Bermo P.S. case no. 47 of 2020 subject to the condition that the petitioner will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.

¶12

In case of depositing aforesaid demand draft by the petitioner, learned court below is directed to issue notice to the informant and release the demand draft in her favour on proper identification forthwith .

¶13

( ANIL KUMAR CHOUDHARY, J.)

¶14

Smita/-

Mehtab Alam v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Mehtab Alam v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rakesh Kumar Tiwary Vs the State of Jharkhand

MD Humayun Sk Vs the State of Jharkhand

Ravi Yadav Vs the State of Jharkhand

Barik Sah Alias MD Barique Vs the State of Jharkhand

Pradeep Mahato Vs the State of Jharkhand

MD Tarik Vs the State of Jharkhand