Allowed

Chandan Prakash v. the State of Jharkhand

Jharkhand HC1 Sept 2021A.B.A./3692/2021

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a dowry harassment case involving cruelty and mischief. The court directed the release on bail upon depositing compensation and furnishing security, subject to cooperation with investigation.

What did the court decide?

Bail granted contingent on deposit of Rs. 1,00,000 as victim compensation and Rs. 25,000 bail bond with sureties within four months.

Chandan Prakash 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. 3692 of 2021

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Chandan Prakash … Petitioner

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Versus

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The State of Jharkhand & Anr.

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… Opposite Parties

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Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Md.Yasir Arafat ,Adv. For the State : Mr. Sanat Kr. Kha ,Addl. P.P. For the O.P. No. 2 : Mr. Din Dayal Saha, Adv.

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03 / 01.09.2021 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 Pakur (Town) P.S. Case No. 218 of 2020 registered under Sections 498A/34 of the Indian Penal Code and Section 3/4 of D.P.Act.

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Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner being the husband of the opposite party no. 2, treated the opposite party no. 2 with cruelty in connection with demand of dowry. It is next submitted that the allegations against the petitioner are all false and those allegations are general and omnibus in nature. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and he is also ready and willing to pay Rs. 1,00,000/- to the opposite party no. 2 as ad interim victim compensation without prejudice to his defence hence, the petitioner be given the privilege of anticipatory bail.

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The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner.

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Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender

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within a period of four months from the date of this order, the petitioner shall be released on bail on depositing Rs. 1,00,000/- by way of demand draft drawn in favour of the opposite party no. 2as ad interim victim compensation without prejudice to his defence 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 CJM, Pakur in connection with Pakur (Town) P.S. Case No. 218 of 2020 subject to the condition that the petitioner will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.

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In case of depositing aforesaid demand draft by the petitioner, learned court below is directed to issue notice to the opposite party no. 2 and release the demand draft in her favour on proper identification forthwith and if the said amount is deposited by the petitioner, the same will be adjusted towards maintenance in any proceeding between the parties in future or the final settlement, if any, takes place between the parties.

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( ANIL KUMAR CHOUDHARY, J.)

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Smita/-

Chandan Prakash v. the State of Jharkhand

Case brief

What is this about?

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Chandan Prakash v. the State of Jharkhand

Case brief

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