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Binay Kumar Alias Binay Kumar Ojha v. the State of Jharkhand

Jharkhand HC23 Sept 2021A.B.A./4501/2021

Case brief

AI extract

What is this about?

Anil Kumar Choudhary, J. granted anticipatory bail to the petitioner in a dowry prosecution case. The court directed surrender within four months and imposed conditions including a deposit of Rs.12 lakh as interim compensation, a bail bond, and cooperation with investigation.

What did the court decide?

Grant of anticipatory bail subject to surrender within four months, deposit of Rs. 12 lakh as interim compensation, and furnishing of bail bond and sureties.

Binay Kumar Alias Binay Kumar Ojha Vs the State of… — Dowry and Cruelty | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.4501 of 2021

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------

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Binay Kumar @ Binay Kumar Ojha

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.... .... …. Petitioner

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Versus

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The State of Jharkhand

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Smt. Namita Pandey @ Smt. Namita Ojha

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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. Rakesh Kumar, Advocate For the State : Mr. Rajneesh Vardhan, Addl.P.P For the O.P. No.2 : Mr. Dilip Kr. Karmakar, Adv. ------

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Order No.03 Dated- 23.09.2021

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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 Sonari P.S. Case No.181 of 2020 registered under sections 498A/323/325/ 506 of the Indian Penal Code and under Section 3/4 of D.P. Act.

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It is submitted by learned counsel for the petitioner that the allegation against the petitioner is that the petitioner being husband of the opposite party no.2 treated her with cruelty in connection with the demand of dowry. It is next 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 submitted that the allegation against the petitioner is false. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case and undertakes to pay ad interim victim compensation of Rs.12,00,000/- without prejudice to his defence in this case to the opposite party no.2 . 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 within four months from today and in the event of his arrest or surrendering, the petitioner will be enlarged on bail on depositing a demand

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draft of Rs.12,00,000/- as ad interim victim compensation without prejudice to his defence in this case drawn in favour of the opposite party no.2 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 J.M.1^st Class, Jamshedpur in connection with Sonari P.S. Case No.181 of 2020 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 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 deposit the said demand draft, the court below is directed to issue notice to the opposite party No.2 and on her proper identification, the court below shall handover the same to her forthwith.

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In case the petitioner deposits Rs.12,00,000/- in favour of the opposite party No.2, the same shall be adjusted towards maintenance, if any or full and final settlement, if any, between the parties.

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Pappu/

Binay Kumar Alias Binay Kumar Ojha v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Binay Kumar Alias Binay Kumar Ojha v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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