Allowed

MD Hasibullah v. the State of Jharkhand

Jharkhand HC14 Jul 2021A.B.A./4797/2020

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the petitioner in a dowry-related criminal case. Bail was subject to conditions including the deposit of compensation toward the victim and cooperation with the investigation.

What did the court decide?

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

MD Hasibullah 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. 4797 of 2020

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Md. Hasibullah @ Md. Hassibullah … Petitioner Versus

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The State of Jharkhand & Anr. … Opposite Parties

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. A.K. Chaturvedy, Advocate For the State : Mr. A.P. Topno, Addl. P.P. For the O.P. No.2 : Mr. Shailendra Jit, Advocate

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Order No.03 Dated- 14.07.2021

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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 Keredari P.S. Case No.11 of 2020 registered under sections 323/307/341/406/ 419/498A/354/376/511 of the Indian Penal Code and under Section 3/4 of D.P. Act.

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The Learned counsel for the petitioner submits that the allegations against the petitioner are that the petitioner being the husband of the informant-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.1,00,000/- as ad interim victim compensation to the informant-opposite party no.2 without prejudice to his defence in this case and undertakes to cooperate with the investigation 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 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.

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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.1,00,000/- as ad interim victim compensation drawn in favour of informant-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, Hazaribagh, in connection with Keredari P.S. Case No.11 of 2020 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency 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 informant-opposite party no.2 and hand over the said demand draft to her, after proper identification.

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In case, the said amount is received by the informant-opposite 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.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

MD Hasibullah v. the State of Jharkhand

Case brief

What is this about?

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MD Hasibullah v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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