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Jainath Ram Alias Jainath Kumar v. the State of Jharkhand

Jharkhand HC8 Sept 2021A.B.A./3531/2021

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a case alleging cruelty and dowry demand, directing surrender within six weeks, deposit of victim compensation, and furnishing of bail bond as per conditions under Section 438 CrPC.

What did the court decide?

Anticipatory bail granted subject to surrender in C.J.M. court, deposit of INR 40,000 as victim compensation, and furnishing of INR 25,000 bail bond with sureties.

Jainath Ram Alias Jainath Kumar Vs the State of Jharkhand — Domestic Violence | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3531 of 2021

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Jainath Ram @ Jainath Kumar .... .... …. Petitioner

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Versus

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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 Petitioner : Mr. Afaque Rashidi, Advocate For the State : Mr. Abhay Kr. Tiwari, Addl.P.P For the Complainant : Mr. Manoj Kr. No.2, 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 his arrest in connection with Complaint Case No.1935 of 2019 instituted under Sections 323, 498-A, 379, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.

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Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has treated the complainant 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. It is further submitted that because of marital discord between the parties, this false case has been foisted against the petitioner. It is lastly submitted that the petitioner is ready and willing to co-operate with the trial of the case and undertakes to pay ad interim victim compensation of Rs.40,000/- without prejudice to his defence in this case in favour of the complainant of this 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 being assisted by the learned counsel for the complainant oppose 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 C.J.M., Palamu within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing a demand draft of Rs.40,000/- as ad interim victim compensation without prejudice to his defence in this case drawn in favour of the complainant of this case and on

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furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Palamu in connection with Complaint Case No.1935 of 2019 with the condition that he will co-operate with the trial 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 complainant of this case and on her proper identification, the court below shall handover the same to her forthwith.

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In case the petitioner pays Rs.40,000/- to the complainant of this case, 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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Animesh/

Jainath Ram Alias Jainath Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Jainath Ram Alias Jainath 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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