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Prakash Acharya Alias Prakash Kumar Acharya v. the State of Jharkhand

Jharkhand HC20 Oct 2021A.B.A./5136/2021

Case brief

AI extract

What is this about?

The High Court at Ranchi, on apprehension of arrest in a dowry-related case under 498A IPC, granted anticipatory bail to the petitioner on conditions including deposit of Rs. 3,00,000 as interim victim compensation, furnishing a bail bond, and cooperating with investigation under Section 438 CrPC.

What did the court decide?

Anticipatory bail granted conditioned on depositing Rs. 3,00,000 as interim victim compensation, furnishing a bail bond of Rs. 25,000 with two sureties, and cooperating with the investigation.

Prakash Acharya Alias Prakash Kumar Acharya Vs the State… — Dowry and Cruelty | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5136 of 2021

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Prakash Acharya @ Prakash Kumar Acharya

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… Petitioner

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Versus The State of Jharkhand & Anr. … Opposite Parties

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------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Mr. Chandrajit Mukherjee, Advocate For the State : Mrs. Vandana Bharti, Addl. P.P. For O.P. No.2 : Mr. Anurag Kashyap, 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 Telco P.S. Case No.57 of 2021 registered under sections 498A/406/ 120B/500/504/34 of the Indian Penal Code and under Section 4 of D.P. Act.

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The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has treated his wife with cruelty in connection with demand of dowry. It is further submitted that the allegations against the petitioner are all false and are general and omnibus in nature. It is then submitted that the petitioner is ready and willing to pay Rs. 3,00,000/- as ad interim victim compensation to the informant 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 the 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. Hence, in the event of his arrest or surrender within a period of twelve weeks from the date of this order, he shall be released on

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bail on depositing a demand draft of Rs. 3,00,000/- as ad interim victim compensation drawn in favour of informant 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 J.M., Jamshedpur, in connection with Telco P.S. Case No.57 of 2021 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 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 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 and hand over the said demand draft to her, after proper identification.

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In case, the petitioner deposits the ad interim victim compensation, the same shall be adjusted towards maintenance and one time settlement if and when the same takes place between the parties.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Prakash Acharya Alias Prakash Kumar Acharya v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Prakash Acharya Alias Prakash Kumar Acharya v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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