Allowed

MD Jahid Khan Alias Zahid Khan v. the State of Jharkhand

Jharkhand HC29 Sept 2021A.B.A./4612/2021

Case brief

AI extract

What is this about?

The High Court of Jharkhand allowed anticipatory bail to the petitioner in a case under Section 498-A IPC and Dowry Prohibition Act, directing his appearance at the trial court to decide on resumption of conjugal life and imposing specific bail conditions.

What did the court decide?

Anticipatory bail granted, conditioned on appearance before CJM Giridih on 22.11.2021, furnishing of bail bond, and undertaking to cooperate with investigation and maintain opposite party with dignity

MD Jahid Khan Alias Zahid Khan 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.4612 of 2021

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Md. Jahid Khan @ Zahid Khan ... .... …. Petitioner Versus 1. The State of Jharkhand 2. Tarannum Parween .... .... .... Opposite Parties

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Md. Zaid Ahmed, Advocate For the State : Mr. Tapas Roy, Addl.P.P For the O.P. No.2 : Mrs. Reshma Kumari, Adv. : Mr. Dr. Hasnain Waris, Adv. ------

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Order No.03 Dated- 29.09.2021

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Heard the parties through video conferencing.

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Apprehending his arrest in connection with Giridih (Mahila) P.S. Case No.10 of 2020 instituted under Sections 498-A, 323, 406, 504, 506, 109/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.

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Learned counsel appearing for the petitioner and learned counsel for the opposite party no.2 jointly submit that the petitioner and the opposite party no.2 are ready and willing to resume their conjugal life. It is next submitted that the petitioner is ready and willing to keep and maintain the opposite party no.2 with full dignity and honour as his lawful wife. It is further submitted that the petitioner will appear before the trial court on 22^nd November, 2021 and on that day he will take the opposite party no.2 from the trial court to a separate rented room within municipal area at Giridih town and will also reside in the same house and will give undertaking to the aforesaid effect before the trial court 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 is ready and willing to co-operate 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

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bail to the petitioner. Accordingly, the petitioner is directed to appear in the Court of learned CJM, Giridih on 22^nd November, 2021 and on that day upon his taking the opposite party no.2 from the trial court to a separate rented room within municipal area at Giridih town and will also reside in the same house and giving undertaking to the effect before the trial court that he will keep and maintain the opposite party no.2 with full dignity and honour 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 CJM, Giridih in connection with Giridih (Mahila) P.S. Case No.10 of 2020 with the condition that he will cooperate 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 with condition that he will keep and maintain the opposite party no.2 with full dignity and honour as his lawful wife 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 appears before the trial court on 22^nd November, 2021 and if the opposite party no.2 does not agree to resume conjugal life with the petitioner or does not appear before the trial court, still the petitioner 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 CJM, Giridih in connection with Giridih (Mahila) P.S. Case No.10 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 he will keep and maintain the opposite party number of as his lawful wife with full dignity and honour as and when the opposite party no. 2 becomes ready to resume conjugal life with the petitioner 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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Pappu/

MD Jahid Khan Alias Zahid Khan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

MD Jahid Khan Alias Zahid Khan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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