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Praveen Kumar Upadhyay v. the State of Jharkhand

Jharkhand HC15 Jul 2021A.B.A./611/2021

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a dowry death case. The petitioner was ordered to deposit Rs. 9,00,000 as interim victim compensation and furnish a bail bond with two sureties. The court directed the lower court to hand over the deposit to the informant.

What did the court decide?

Anticipatory bail granted conditioned upon deposit of Rs. 9,00,000 as interim victim compensation and furnishing a bail bond of Rs. 25,000 with two sureties.

Praveen Kumar Upadhyay 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. 611 of 2021

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Praveen Kumar Upadhyay … Petitioner Versus The State of Jharkhand … Opposite Party

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Pankaj Srivastava, Advocate For the State : Mr. V.K. Vashistha, Addl. P.P. For the Informant : Mr. Arun Kr. Pandey, Advocate : Mrs. Rakhi Rani, Advocate

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Order No.04 Dated- 15.07.2021

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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 Lalpur P.S. Case No.167 of 2020 registered under sections 498A/34 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 in furtherance of common intention with the co-accused persons 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 the marriage could not be consummated because the daughter of the informant namely Seema Kumari is suffering from mental disease and the marriage was solemnized concealing the said fact. It is then submitted that under medical advice the alleged victim-Seema Kumari was taken to Central Institute of Psychiatric, Kanke and from there, the informant took her daughter back and the FIR has been lodged on the next day. It is also submitted that the father of the petitioner has also submitted a written complaint to the police on the basis of which Paatan P.S. Case No.117 of 2020 for the offences punishable under Section 409/420 of Indian Penal Code has been registered and the petitioner has also filed a case for annulment of his marriage with the said Seema Devi in the Family Court of Palamau at Daltonganj. It is then submitted that the petitioner is ready and willing to pay Rs. 9,00,000/- as ad interim victim compensation to the

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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. 9,00,000/- as ad interim victim compensation in favour of informant 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 J.M. 1^st Class, Ranchi, in connection with Lalpur P.S. Case No.167 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 him, after proper identification.

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In case, the said amount is received by the informant, the same shall be adjusted with respect to the maintenance in any present or future proceeding between the daughter of the informant and the petitioner or final settlement between them, if and when the same takes place.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Praveen Kumar Upadhyay v. the State of Jharkhand

Case brief

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Praveen Kumar Upadhyay v. the State of Jharkhand

Case brief

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What did the court decide?

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