Allowed

Basarat Ansari v. the State of Jharkhand

Jharkhand HC13 Sept 2021A.B.A./4210/2021

Case brief

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What is this about?

High Court granted anticipatory bail to petitioner in matrimonial dispute involving dowry allegations. Ordered surrender to trial court, appearance with wife, furnishing bail bond with sureties, and cooperation with investigation under Section 438 CrPC.

What did the court decide?

Grant of privilege of anticipatory bail; direction to surrender to CJ.M., Palamau on 4.10.2021 with wife, furnish bail bond with sureties, and cooperate with investigation.

Basarat Ansari 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. 4210 of 2021

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Basarat Ansari … Petitioner Versus The State of Jharkhand & Anr. … Opposite Parties

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------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Mr. Faruque Ansari, Advocate For the State : Mr. S.K. Tiwari, Addl. P.P. For O.P. No.2 : Mr. Amit Kr. Choubey, Advocate ------

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Order No.03 Dated- 13.09.2021

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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 Daltonganj Mahila P.S. Case No.15 of 2020 registered under sections 323/494/504/498A/506 of the Indian Penal Code and under Section 3/4 of D.P. Act.

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Learned counsel appearing for the petitioner and learned counsel for the opposite party no.2 jointly submits that both the petitioner and the opposite party no.2 are ready and willing to resume their conjugal life. It is next submitted that the petitioner and the opposite party no.2, in person, will appear before the trial court on 4^th October, 2021 and the petitioner will take the opposite party no.2 to his house with an undertaking that he will keep and maintain the opposite party no.2 with full dignity and honour as his lawful wife. It is lastly submitted that the petitioner undertakes that cooperate with the investigation 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 C.J.M., Palamau at

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Daltonganj on 4^th October, 2021 and on that day on his taking his wife to his house with an undertaking that he will keep and maintain the opposite party no.2 with full honour and dignity as his lawful wife, he will be enlarged on bail on 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., Palamau at Daltonganj in connection with Daltonganj Mahila P.S. Case No.15 of 2020 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the 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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It is made clear that in case the opposite party no.2 does not appear before the trial court on 4^th October, 2021, still the petitioner shall be enlarged on bail on furnishing bail bond of Rs.25,000/with two sureties of the like amount each to the satisfaction of learned C.J.M., Palamau at Daltonganj in connection with Daltonganj Mahila P.S. Case No.15 of 2020 with the condition that the petitioner will resume conjugal life with the opposite party no.2 as and when the opposite party no.2 joins him for resuming the conjugal life and the petitioner will keep and maintain her with dignity and honour as his lawful wife with further condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the 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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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Basarat Ansari v. the State of Jharkhand

Case brief

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Basarat Ansari v. the State of Jharkhand

Case brief

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