Allowed

Champa Oraon v. the State of Jharkhand

Jharkhand HC8 Sept 2021A.B.A./2120/2021

Case brief

AI extract

What is this about?

Single judge of the High Court of Jharkhand granted anticipatory bail to petitioners in a matrimonial dispute instituted under IPC sections 498-A and 341. The court directed surrender and conditioned bail on cooperation with investigation, appearance before the officer, and resumption of conjugal life.

What did the court decide?

Anticipatory bail granted conditioned on surrender, appearance with spouse, bail bond payment, cooperation with investigation, and resuming conjugal life.

Champa Oraon Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2120 of 2021

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Champa Oraon

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The State of Jharkhand

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.... .... .... Opposite Party

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioners : Mr. Sahadeo Choudary, Advocate For the State : Mr. Azeemuddin, Addl.P.P For the Informant : Mr. Atul Rai, Advocate

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Order No.04 Dated- 08.09.2021

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Heard the parties through video conferencing.

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Apprehending their arrest in connection with Bariatu P.S. Case No.273 of 2020 instituted under Sections 498-A, 341, 323, 34 of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.

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Learned counsel appearing for the petitioners and learned counsel for the informant jointly submit that the petitioner No.1 and the informant are ready and willing to resume their conjugal life. It is agreed to between the parties that both the petitioner No.1 and informant will appear before the trial court on 30.09.2021 and on that date the petitioner No.1 will take the informant to his house with an undertaking that he will keep and maintain her with full honour and dignity as his lawful wife. Learned counsel for the petitioners submits that because of marital discord between the petitioner No.1 and the informant, this case was instituted by the informant against the petitioners. It is lastly submitted that the petitioners are ready and willing to co-operate with the investigation of the case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

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Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.

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Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court of learned J.M.-1^st Class, Ranchi on 30.09.2021 and in case the petitioners appear before the learned trial court on 30.09.2021, the petitioner No.1 will be enlarged on bail on taking the informant to his house with an undertaking that he will keep and maintain her with full honour and dignity as his lawful wife

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and both of them on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.1^st Class, Ranchi in connection with Bariatu P.S. Case No.273 of 2020 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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In case the informant does not appear before learned J.M.-1^st Class, Ranchi on 30.09.2021, still the petitioners will be enlarged on bail within six weeks from 30.09.2021 on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.-1^st Class, Ranchi in connection with Bariatu P.S. Case No.273 of 2020 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case with further condition that the petitioner No.1 will resume conjugal life with the informant as and when the informant joins him for resuming the conjugal life and keep and maintain her with dignity and honour as his lawful wife and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Anil Kumar Choudhary, J . )

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Animesh/

Champa Oraon v. the State of Jharkhand

Case brief

What is this about?

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Champa Oraon v. the State of Jharkhand

Case brief

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