Allowed

Kamlapati Choudhary v. the State of Jharkhand

Jharkhand HC9 Jul 2021A.B.A./2158/2021

Case brief

AI extract

What is this about?

The petitioner moved for anticipatory bail in a domestic harassment case involving allegations of cruelty and dowry demands. The High Court granted bail subject to surrender, executing a maintenance bond, and cooperation with the trial.

What did the court decide?

Anticipatory bail granted subject to surrender, maintenance bond, execution of bond of Rs. 25,000 with sureties, and cooperation with trial under Section 438(2) CrPC.

Kamlapati Choudhary 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.2158 of 2021

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Kamlapati Choudhary .... .... …. Petitioner Versus

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The State of Jharkhand 2. Rita Devi .... .... .... Opposite Parties

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Mr. Jai P. Agrawal, Advocate For the State : Mr. Shiv Shankar Kumar, Addl.P.P For the O.P. No.2 : Mr. Sanjay Kumar, Advocate

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Order No.03 Dated- 09.07.2021

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Heard the parties through video conferencing.

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Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

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In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

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Apprehending his arrest in connection with C.P. Case No.1418 of 2018 instituted under Sections 498-A, 323, 379 of the India Penal Code and Section ¾ of D.P. Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.

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Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner has treated the opposite party No.2 with cruelty in connection with demand of dowry. It is submitted that the allegations against the petitioner are all false and general and omnibus in nature. Learned counsel for the petitioner and learned counsel for the opposite party No.2 jointly submit that both the petitioner and the opposite party No.2 are ready and willing to resume their conjugal life and the petitioner undertakes to keep and maintain the opposite party No.2 with full honour and dignity as his lawful wife. It is lastly submitted by the learned counsel for the petitioner that the petitioner is ready and willing to co-operate with the trial of the case. Hence, it is submitted that the petitioner 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 petitioner.

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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 petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned J.M.-1^st Class, Bokaro within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on satisfying the learned court below that he has taken the opposite party No.2 to his house and keeping and maintaining her with full honour and dignity as his lawful wife and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-1^st Class, Bokaro in connection with C.P. Case No.1418 of 2018 with the condition that he will co-operate with the trial of the case and will keep and maintain the opposite party No.2 with full honour and dignity as his lawful wife and further 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/

Kamlapati Choudhary v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Kamlapati Choudhary v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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