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Naren Tiriya Alias Narayan Tiriya Alias Naren v. the State of Jharkhand

Jharkhand HC15 Sept 2021A.B.A./2472/2021

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner facing charges of cruelty and dowry under the IPC and Dowry Prohibition Act. The bail was subject to surrender within six weeks, depositing Rs. 25,000 as compensation, furnishing a bond, and cooperating with the investigation.

What did the court decide?

Anticipatory bail granted subject to surrender within six weeks, deposit of Rs. 25,000 compensation, furnishing bond with two sureties, and cooperation with investigation.

Naren Tiriya Alias Narayan Tiriya Alias Naren Vs the… — Dowry and Cruelty | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2472 of 2021

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------

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Naren Tiriya @ Narayan Tiriya @ Naren

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.... .... …. Petitioner Versus

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The State of Jharkhand .... .... 2. Lembo Purty ....Opposite Parties -----CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Vishal Kumar Tiwari, Advocate For the State : Mr. Ashok Singh, Addl.P.P For the Informant : None ------

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Order No.04 Dated- 15.09.2021

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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 Hatgamharia P.S. Case No.40 of 2020 registered under sections 341/323/504/506/498A/34 of the Indian Penal Code and under Section 3/4 of D.P. Act.

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Though, the notice has been validly served upon opposite party no.2 yet no one turns on behalf of the opposite party no.2.

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Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner being husband of the opposite party no.2 treated her with cruelty in connection of demand of dowry. It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner disputes that no marriage has been solemnized with the opposite party no.2. It is lastly submitted that the petitioner is ready and willing to cooperate with the investigation of the case and undertakes to pay ad interim victim compensation of Rs.25,000/- without prejudice to his defence in this case to the opposite party no.2. 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 within six weeks from today and in the event of his arrest or surrendering, the petitioner will be enlarged on bail on depositing a demand draft of Rs.25,000/- as ad interim victim compensation without prejudice to his

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defence in this case drawn in favour of the opposite party no.2 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 SDJM, Sadar at Chaibasa in connection with Hatgamharia P.S. Case No.40 of 2020 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his 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 petitioner deposits the said demand draft, the court below is directed to issue notice to the opposite party No.2 and on her proper identification, the court below shall handover the same to her forthwith.

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In case the petitioner deposits Rs.25,000/- in favour of the opposite party No.2, the same shall be adjusted towards maintenance, if any or full and final settlement, if any, between the parties.

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(Anil Kumar Choudhary, J . )

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Pappu/

Naren Tiriya Alias Narayan Tiriya Alias Naren v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Naren Tiriya Alias Narayan Tiriya Alias Naren v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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