Allowed

Ekhlakur Rahman v. the State of Jharkhand

Jharkhand HC20 Oct 2021A.B.A./5217/2021

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner pending commitment of bail before the J.M. 1st Class, subject to monetary deposit and cooperation conditions in a case involving cruelty and dowry charges.

What did the court decide?

Anticipatory bail granted; petitioner to be released on bond upon depositing victim compensation and furnishing two sureties within six weeks.

Ekhlakur Rahman 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. 5217 of 2021

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Ekhlakur Rahman … Petitioner 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. Afaque Rashidi, Advocate For the State : Mr. Sunil Kr. Dubey, Addl. P.P. For O.P. No.2 : Mr. Arun Kumar, 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 Mahila Chakradharpur P.S. Case No.02 of 2020 registered under sections 147/323/504/506/498A 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 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. 50,000/- 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 six weeks from the date of this order, he shall be released on bail on depositing a demand draft of Rs. 50,000/- as ad interim victim

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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. 1^st Class, Porahat at Chaibasa, in connection with Mahila Chakradharpur P.S. Case No.02 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 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-

Ekhlakur Rahman v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Ekhlakur Rahman v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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