Allowed

Prakash Pandit v. the State of Jharkhand

Jharkhand HC29 Sept 2021A.B.A./4619/2021

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner, Prakash Pandit, in a dowry and cruelty cases. Conditions included surrender within six weeks, deposit of Rs.25,000 as interim compensation, and furnishing bail bonds to ensure cooperation with the trial.

What did the court decide?

Anticipatory bail granted; petitioner directed to surrender within six weeks; deposit of Rs.25,000 as interim compensation and furnishing bail bond required.

Prakash Pandit 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.4619 of 2021

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------

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Prakash Pandit

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.... .... …. Petitioner

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Versus 1. The State of Jharkhand 2. Sakuna Devi .... .... ....Opposite Parties

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Mr. Sudhir Kumar Roy, Advocate For the State : Mrs. Shweta Singh, Addl.P.P For the O.P. No.2 : Md. Nasim Akhtar, 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, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Complaint Case No.85 of 2019 registered under sections 341/498A/ 323/379/307/504/506 of the Indian Penal Code.

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Learned counsel appearing for the petitioner submits that the petitioner is ready and willing to resume the conjugal life with the opposite party no.2 but the opposite party no.2 is not ready and willing to resume the conjugal life with the petitioner. It is next submitted that the allegation against the petitioner is that the petitioner being husband of the opposite party no.2 treated her with cruelty in connection of demand of dowry. 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 trial of the case and undertakes to pay ad interim victim compensation of Rs.25,000/- 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 assisted by learned counsel for the opposite party no.2 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 six weeks from today and in the event of his arrest or surrendering, the petitioner will be enlarged on bail on depositing a demand draft of Rs.25,000/- as ad interim victim compensation without prejudice to his

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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, Giridih in connection with Complaint Case No.85 of 2019 with the condition that he will co-operate with the trial 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 deposits 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.25,000/- 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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(Anil Kumar Choudhary, J . )

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Pappu/

Prakash Pandit v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Prakash Pandit v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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