Allowed

Yogendra Kumar Mehta v. the State of Jharkhand

Jharkhand HC1 Sept 2021A.B.A./3747/2021

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a dowry death and cruelty case. Directions were issued for surrender at the trial court with conditions including restoration of conjugal life and maintenance of the wife.

What did the court decide?

Anticipatory bail granted; accused directed to surrender on 16.09.2021 and furnish bail bond with conditions including maintaining the wife and resuming conjugal life.

Yogendra Kumar Mehta Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B. A. No. 3747 of 2021

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Yogendra Kumar Mehta … Petitioner

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Versus

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The State of Jharkhand & Anr. … Opposite Parties

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Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Lalan Kr. Singh ,Adv. Mr. Sabysanchi, Adv. For the State : Mrs. Lily Sahay,Addl. P.P. For the O.P. no. 2 : Mr. Ranjeet Kumar, 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 DaruP.S. Case No. 08 of 2021registered under Sections 498A, 307, 312 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. Learned counsel appearing 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. It is agreed to between the parties that both the petitioner and the opposite party no. 2 will appear before the trial court on 16.09.2021 and on that date the petitioner will take the opposite party no. 2 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 petitioner submits that because of marital discord between the parties, this case was instituted by the opposite party no. 2 against the petitioner. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation

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of the case hence, it is submitted that the petitioner be given the privileges 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 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 ACJM, Hazaribag on 16.09.2021 and in case the petitioner appears and surrenders before the learned trial court on 16.09.2021, he will be enlarged on bail on taking the opposite party no. 2 to his house with an undertaking that he will keep and maintain 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 ACJM, Hazaribag in connection with Daru P.S. Case No. 08 of 2021 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 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 opposite party no. 2 does not appear before learned ACJM, Hazaribag on 16.09.2021, still the petitioner will be enlarged on bail within six weeks from 16.09.2021 on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Hazaribag in connection with Daru P.S. Case No. 08 of 2021 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 case with further condition that he will resume conjugal life with the opposite party no. 2 as and when she joins him for resuming the conjugal life and keep and maintain her with dignity and honour as his lawful wife and

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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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Smita/-

Yogendra Kumar Mehta v. the State of Jharkhand

Case brief

What is this about?

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Yogendra Kumar Mehta v. the State of Jharkhand

Case brief

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What did the court decide?

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