Allowed

Mahesh Chandra Rawani Alias Mahesh Chandravanshi v. the State of Jharkhand

Jharkhand HC21 Dec 2021A.B.A./8007/2021

Case brief

AI extract

What is this about?

The Court balanced the petitioner's apprehension of arrest in a dowry harassment case against the State's opposition. Considering the gravity of allegations and the petitioner's willingness to compensate the victim, the Court granted anticipatory bail.

What did the court decide?

Bail to be released on arrest/surrender within 12 weeks by depositing Rs. 50,000 compensation and furnishing a bail bond of Rs. 25,000 with two sureties.

Mahesh Chandra Rawani Alias Mahesh Chandravanshi Vs the… — Dowry and Cruelty | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B. A. No. 8007 of2021

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Mahesh Chandra Rawani @ Mahesh Chandravanshi

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… Petitioner

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Versus

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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 Kumar ,Adv. For the State : Ms. Priya Shrestha, Spl. P.P. For the O.P. No. 2 : Mr. Santosh Kumar, Adv.

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03 / 21.12.2021 Heard the parties.

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Apprehending his arrest, the petitionerhas moved this Court for grant of privilege of anticipatory bail in connection with C. P. Case No. 707 of 2019 registered under Sections 498A of the Indian Penal Code, Section 3/ 4 of D. P.Act.

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Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner being the husband of the complainant, treated her with cruelty in connection with demand of dowry. It is next submitted that the allegations against the petitioner are all false and those allegations are general and omnibus in nature. It is next submitted that the petitioner is ready to co-operate with the trial of the case and he undertakes to pay Rs. 50,000/- to the opposite party no. 2 as ad interim victim compensation without prejudice to his defence hence, the petitioner be given the privilege of anticipatory bail.

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The learned Spl. PP opposes the prayer for anticipatory bail of the petitioner.

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Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of twelve weeks from the date of this order, the petitioner shall be released on bail on depositing Rs. 50,000/- by way of demand draft drawn in favour of the opposite party no. 2as

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ad interim victim compensation without prejudice to his defence 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.F.C., Bermo at Tenughat, Bokaro in connection with C. P. Case No. 707 of 2019 subject to the condition that the petitioner will co-operate with thetrial of the case along with the other conditions laid down under section 438 (2) Cr. P.C.

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In case of depositing aforesaid demand draft by the petitioner, learned court below is directed to issue notice to the opposite party no. 2and release the demand draft in her favour on proper identification forthwith and if the said amount is deposited by the petitioner, the same will be adjusted towards maintenance in any proceeding between the parties in future or the final settlement, if any, takes place between the parties.

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( ANIL KUMAR CHOUDHARY, J.)

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Smita/-

Mahesh Chandra Rawani Alias Mahesh Chandravanshi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Mahesh Chandra Rawani Alias Mahesh Chandravanshi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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