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MD Sajid Alias MD Shajid v. the State of Jharkhand

Jharkhand HC7 Oct 2021A.B.A./5105/2021

Case brief

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What is this about?

In an anticipatory bail petition, the High Court of Jharkhand, addressing allegations of cruelty and dowry demand, granted bail to the petitioner. The court directed the surrender of the petitioner, payment of interim compensation, and adherence to specific investigation conditions under Section 438(2) CrPC.

What did the court decide?

Anticipatory bail granted; directed to surrender within six weeks; deposit Rs. 50,000 compensation and furnish bail bond with sureties.

MD Sajid Alias MD Shajid Vs the State of Jharkhand — Domestic Violence | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.5105 of 2021

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Md. Sajid @ Md. Shajid

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.... .... …. Petitioner Versus

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The State of Jharkhand 2. Sabina Khatoon .... .... ....Opposite Parties

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Mr. Md. Sajid Yunus, Advocate For the State : Mrs. Vandana Bharti, Addl.P.P For the O.P. No.2 : Mr. Shiv Prasad, Adv.

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Order No.03 Dated- 07.10.2021

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Heard the parties.

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Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

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In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Sadar P.S. Case No. 153 of 2019 registered under sections 341/323/498A/ 120B/379 of the Indian Penal Code and under section 3/4 of the D.P. Act.

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Learned counsel for the petitioner submits that though 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 his wife with cruelty in connection with 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 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.50,000/- 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 being assisted by learne 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.50,000/- as ad interim victim compensation without prejudice to their 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 CJM, Chatra in connection with Sadar P.S. Case No. 153 of 2019 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 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.50,000/- 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/

MD Sajid Alias MD Shajid v. the State of Jharkhand

Case brief

What is this about?

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MD Sajid Alias MD Shajid v. the State of Jharkhand

Case brief

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