Allowed

Rishikesh Kumar Alias Toni v. the State of Jharkhand

Jharkhand HC13 Sept 2021A.B.A./4266/2021

Case brief

AI extract

What is this about?

This court granted anticipatory bail to the petitioner apprehending arrest under Sections 498A/323/379/504/506/313 IPC in a dowry matter. The petitioner was directed to deposit Rs. 1,00,000 as interim victim compensation and furnish a bail bond before arrest or surrender within four months.

What did the court decide?

Anticipatory bail granted subject to depositing Rs. 1,00,000 as interim victim compensation and furnishing a bail bond of Rs. 25,000 with two sureties.

Rishikesh Kumar Alias Toni 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. 4266 of 2021

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Rishikesh Kumar @ Toni … 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. Prabhash Ch. Sinha, Advocate For the State : Mrs. Lily Sahay, Addl. P.P. For O.P. No.2 : Mr. Nitesh Kumar, 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 Complaint Case No.2126 of 2019 registered under sections 498A/ 323/379/504/506/313 of the Indian Penal Code and under Section 3/4 of D.P. Act and cognizance has been taken only under Section 498A of the Indian Penal Code.

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The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has treated his wife with cruelty in connection with demand of dowry. It is further submitted that the allegations against the petitioner are all false and are general and omnibus in nature. It is then submitted that the petitioner is ready and willing to pay Rs. 1,00,000/- as ad interim victim compensation to the complainant without prejudice to his defence in this case and undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

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Learned Addl. P.P. and the learned counsel for the opposite party no.2 opposes the prayer for grant of anticipatory bail.

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Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of four months from the date of this order, he shall be released on bail on

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depositing a demand draft of Rs. 1,00,000/- as ad interim victim compensation in favour of complainant 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 J.M., Giridih, in connection with Complaint Case No.2126 of 2019 with the condition that the petitioner will cooperate with the trial of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

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In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the complainant and hand over the said demand draft to her, after proper identification.

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In case, the petitioner deposits the ad interim victim compensation, the same shall be adjusted towards maintenance and one time settlement if and when the same takes place between the parties.

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Sonu/Gunjan-

Rishikesh Kumar Alias Toni v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Rishikesh Kumar Alias Toni v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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