Allowed

Nitay Kumar Mandal v. the State of Jharkhand

Jharkhand HC14 Jul 2021A.B.A./4789/2020

Case brief

AI extract

What is this about?

In a petition for anticipatory bail, the High Court of Jharkhand granted relief to the petitioner in P.C.R. Case No.100 of 2019. The court directed that upon deposit of victim compensation, the petitioner shall be released on bail with sureties upon arrest or surrender.

What did the court decide?

Petitioner granted anticipatory bail subject to depositing Rs.25,000 as victim compensation and filing a bail bond with two sureties.

Nitay Kumar Mandal Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2021)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4789 of 2020

¶2

Nitay Kumar Mandal … Petitioner Versus The State of Jharkhand & Anr. … Opposite Parties

¶3

------

¶4

CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

¶5

For the Petitioner : Mr. S.S. Choudhary, Advocate For the State : Mr. S.P. Jha, Addl. P.P. For the O.P. No.2 : None

¶6

------

¶7

Order No.03 Dated- 14.07.2021

¶8

Heard the parties through video conferencing.

¶9

Apprehending his arrest in connection with P.C.R. Case No.100 of 2019 instituted under Sections 323/379/ 498-A/504/34 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

¶10

No one turns up on behalf of the opposite party no.2 in-spite of repeated calls.

¶11

The Learned counsel for the petitioner submits that the allegations against the petitioner are that the petitioner being the husband of the complainant-opposite party no.2 treated her with cruelty in connection with demand of dowry. It is then submitted that the allegations against the petitioner are false and are general and omnibus in nature. It is next submitted that because of marital discord between the parties this false case has been foisted against the petitioner only to harass him. It is further submitted that the petitioner is ready and willing to pay Rs.25,000/- as ad interim victim compensation to the complainant-opposite party no.2 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.

¶12

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

¶13

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

¶14

above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing a demand draft of Rs.25,000/- as ad interim victim compensation drawn in favour of complainant-opposite party no.2 without prejudice to his defence in this case 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 Judicial Magistrate-1^st Class, Rajmahal, in connection with P.C.R. Case No.100 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.

¶15

In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the complainant-opposite party no.2 and hand over the said demand draft to her, after proper identification.

¶16

In case, the said amount is received by the complainantopposite party no.2, the same shall be adjusted with respect to the maintenance in any present or future proceeding between the parties or final settlement between the parties, if and when the same takes place.

¶17

(Anil Kumar Choudhary, J . )

¶18

Sonu/Gunjan-

Nitay Kumar Mandal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Nitay Kumar Mandal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ashok Yadav Vs the State of Jharkhand

Vijay Kumar Ram Vs the State of Jharkhand

Bimal Ranjan Tigga Vs the State of Jharkhand

Uttam Singh Alias Uttam Kumar Singh Vs the State of Jharkhand

Ram Prasad Sao Vs the State of Jharkhand

MD Hasibullah Vs the State of Jharkhand