Partly allowed

Jagarnath Sao Alis Jagarnath Prasad v. the State of Jharkhand

Jharkhand HC5 Mar 2021A.B.A./645/2021

Case brief

AI extract

What is this about?

This order granted anticipatory bail to petitioner no. 1, an elderly father-in-law, in an FIR involving dowry harassment and torture under various IPC and Dowry Prohibition Act sections. The court dismissed the petition for petitioner no. 2 as withdrawn due to his arrest.

What did the court decide?

Anticipatory bail granted to petitioner no. 1 on furnishing bail bond of Rs. 10,000 with two sureties; application of petitioner no. 2 dismissed as withdrawn.

Jagarnath Sao Alis Jagarnath Prasad Vs the State of… — Dowry and Cruelty | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 645 of 2021

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Jagarnath Sao @ Jagarnath Prasad 2. Ravi Gupta ----Petitioners Versus

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The State of Jharkhand 2. Surabhi Gupta ----- Opposite Parties

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CORAM: Hon’ble Mr. Justice Aparesh Kumar Singh Through: Video Conferencing

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For the Petitioner: M/s Vishal Kr. Tiwary, Atul Kumar, Advocates For the State: Mr. Praveen Kr. Appu, A.P.P For the O.P. No. 2: Mr. Kripa Shankar Nanda, Advocate

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02/05.03.2021 Learned counsel for the petitioners undertakes to remove the following surviving defects within a week.

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9 (i) Mode of hearing not stated in presentation form.

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(ii) Name spelling of petitioner no. 1 appears to differ from execution of Vak.

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Office to place the file for inspection and removal of defects, on requisition being made, within this time.

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Heard learned counsel for the petitioners, learned A.P.P and Mr. Kripa Shankar Nanda, learned counsel for the opposite party no. 2 / Informant.

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Petitioners have approached this Court seeking anticipatory bail in terms of Section 438 Cr.P.C in connection with Basia P.S. Case No. 92/2020 for the offence under Section 323, 341, 342, 452, 498A, 504, 506/34 of the Indian Penal Code and section 3 / 4 of Dowry Prohibition Act and pending before the court of learned Additional Chief Judicial Magistrate, Gumla.

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Learned counsel for the petitioners submits that petitioner no. 2-Ravi Gupta has been arrested during pendency of this application. Therefore, he seeks to withdraw application as respects the petitioner no. 2. Learned counsel for the petitioners further submits that petitioner no. 1 is the father-in-law aged 75 years. General allegations have been made against other family members like father-in-law, mother-in-law, elder brother-in-law and sister-in-law of abuse and torture for non-fulfilment of dowry. Therefore, petitioner no. 1 may be granted anticipatory bail being a person aged 75 years, otherwise he may suffer unnecessary incarceration.

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Learned counsel for the opposite party no. 2 / Informant submits on instruction that matter has also been compromised.

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Having considered the submissions of learned counsel for the parties and the facts and circumstances taken note above, I am inclined to grant

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anticipatory bail to the petitioner no. 1. Accordingly, petitioner no. 1, above named, in the event of his surrender or arrest within a period of four weeks, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Gumla in connection with Basia P.S. Case No. 92/2020, subject to the condition as laid down under Section 438(2) of Cr.P.C.

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Petitioner shall cooperate in the investigation. Petitioner and his bailors shall not change their address or mobile number without permission of the trial court.

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However, this application as respects the petitioner no. 2-Ravi Gupta is dismissed as withdrawn.

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( Aparesh Kumar Singh, J)

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Ranjeet/

Jagarnath Sao Alis Jagarnath Prasad v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Jagarnath Sao Alis Jagarnath Prasad v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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