Allowed

Akash Dey v. the State of Jharkhand

Jharkhand HC20 Oct 2021A.B.A./5107/2021

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a domestic violence case under sections 498A IPC and D.P. Act. The court directed surrender on a specific date contingent on the wife resuming conjugal life, subject to a bond amount.

What did the court decide?

Anticipatory bail granted with conditions to take respondent wife to petitioner's house on 16th Nov 2021 and resume conjugal life.

Akash Dey 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. 5107 of 2021

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Akash Dey … Petitioner Versus 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. Rajesh Kr. Mahtha, Advocate For the State : Mr. Shiv Shankar Kumar, Addl. P.P. For O.P. No.2 : Mr. B.B. Sinha, Advocate ------

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Order No.03 Dated- 20.10.2021

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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.522 of 2019 registered under sections 323/498A of the Indian Penal Code and under Section 3/4 of D.P. Act.

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Learned counsel appearing for the petitioner and learned counsel for the opposite party no.2 jointly submits that both the petitioner and the opposite party no.2 are ready and willing to resume their conjugal life. It is next submitted that the petitioner and the opposite party no.2, in person, will appear before the trial court on 16^th November, 2021 and the petitioner will take the opposite party no.2 to his house with an undertaking 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 trial 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 bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned J.M. 1^st Class, Bokaro

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on 16^th November, 2021 and on that day on his taking his wife to his house with an undertaking that he will keep and maintain the opposite party no.2 with full honour and dignity 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 J.M. 1^st Class, Bokaro in connection with Complaint Case No.522 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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It is made clear that in case the opposite party no.2 does not appear before the trial court on 16^th November, 2021, still the petitioner shall be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of learned J.M. 1^st Class, Bokaro in connection with Complaint Case No.522 of 2019 with the condition that he will cooperate with the trial of the case with further condition that he will resume conjugal life with the opposite party no.2 as and when the opposite party no.2 joins him for resuming the conjugal life and the petitioner will keep and maintain her with 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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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Akash Dey v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Akash Dey v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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