Allowed

Subhash Ram v. the State of Jharkhand

Jharkhand HC16 Jul 2021A.B.A./972/2020

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner facing allegations of dowry cruelty and other offenses. Bail was granted upon murder and victim compensation payment deposited as an interim measure, with conditions to cooperate in the investigation and maintain contact details.

What did the court decide?

Grant of anticipatory bail subject to depositing Rs. 40,000 as interim victim compensation, furnishing a bail bond of Rs. 25,000, and complying with investigation conditions.

Subhash Ram Vs the State of Jharkhand — 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. 972 of 2020

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Subhash Ram @ Subash Ram … Petitioner

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Versus

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The State of Jharkhand & Anr. … Opposite Party

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Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Jyoti Pd. Sinha ,Adv. For the State : Ms.MohuaPalit,Addl. P.P. For the O.P. no. 2 : None

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09 / 16.07.2021 Heard the parties through Video Conferencing.

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Though the notice was issued to the Opposite Party no. 2 and the same has been served yet no one turns up for the opposite party no. 2 even after repeated calls.

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Ichak P.S. Case No. 179 of 2019 registered under Sections, 323, 498A, 504, 494, 34 of the Indian Penal Code and Section 3/4 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 treated the opposite party no. 2 with cruelty in connection with the demand of dowry. It is then 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 investigation of the case and also undertakes to pay Rs. 40,000/- as ad interim victim compensation to the informant-the opposite party no. 2 without prejudice to his defence, hence, the petitioner be given the privilege of anticipatory bail.

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The learned Addl. 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

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petitioner. Hence, in the event of arrest by the police or surrender within a period of eight weeks from the date of this order, the petitioner shall be released on bail on depositing Rs. 40,000/- by way of demand draft drawn in favour of informant as 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 SDJM, Hazaribag in connection with Ichak P.S. Case No. 179 of 2019 subject to the condition that the petitioner will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency 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 informant and 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/-

Subhash Ram v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Subhash Ram v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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