Allowed

Sanjay Kumar v. the State of Jharkhand

Jharkhand HC28 Sept 2021A.B.A./1375/2020

Case brief

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What is this about?

This court granted anticipatory bail to the petitioner in a dowry case involving cruelty allegations. The order imposes conditions including payment of interim victim compensation, surrender within four months, and furnishing a bail bond with sureties under Section 438 CrPC.

What did the court decide?

Petitioner granted anticipatory bail subject to deposit of Rs. 50,000 as interim victim compensation and furnishing bail bond with sureties.

Sanjay Kumar Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1375 of 2020

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Sanjay Kumar … Petitioner

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Versus The State of Jharkhand & Anr. … Opposite Parties

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------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Nilesh Kr. Gupta, Advocate For the State : Mr. V.S. Sahay, Addl. P.P. For the O.P. No.2 : Mr. Prabhat Kr. Sinha, Advocate : Mr. Diwakar Jha, Advocate ------

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Order No.07 Dated- 28.09.2021

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Heard the parties through video conferencing.

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Complaint Case No.1097 of 2018 registered under sections 323/379/307/498A/503/436/511/313/34 of the Indian Penal Code.

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The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has treated his wife with cruelty in connection with demand of dowry. It is further submitted that the allegations against the petitioner are all false and are general and omnibus in nature. It is then submitted that the petitioner is ready and willing to pay Rs.50,000/- as ad interim victim compensation to the complainant-opposite party no.2 without prejudice to his defence in this case and undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

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Learned Addl. P.P. and the learned counsel for the opposite party no.2 opposes the prayer for grant of anticipatory bail.

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Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of

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anticipatory bail. Hence, in the event of his arrest or surrender within a period of four months from the date of this order, he shall be released on bail on depositing a demand draft of Rs. 50,000/- as ad interim victim compensation drawn in favour of complainant-opposite party no.2 and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Hazaribagh, in connection with Complaint Case No.1097 of 2018 with the condition that the petitioner will cooperate with the trial of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

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In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the complainant-opposite party no.2 and hand over the said demand draft to her, after proper identification.

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In case, the petitioner deposits the ad interim victim compensation, the same shall be adjusted towards maintenance or one time settlement, if and when the same takes place between the parties.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Sanjay Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sanjay Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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