Allowed

Seikh Shakil v. the State of Jharkhand

Jharkhand HC21 Mar 2022A.B.A./112/2022

Case brief

AI extract

What is this about?

The petitioner filed an application for anticipatory bail in a matrimonial case involving dowry and cruelty allegations. The court allowed the bail application, directing surrender on a specific date subject to conditions including resumption of conjugal life, cooperation with investigation, and furnishing a bail bond.

What did the court decide?

Petitioner directed to surrender for enlargement on bail subject to furnishing a bond of Rs. 25,000 with sureties and undertaking to resume conjugal life and cooperate with investigation.

Seikh Shakil Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.112 of 2022

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Seikh Shakil .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Nishat Fatima .... .... .... Opposite Parties

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Mr. Swapan Maji, Advocate For the State : Mr. Sanjay Kr. Srivastava, Addl.P.P For the O.P. No.2 : Mr. Shekhar Pd. Sinha, Advocate

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Order No.03 Dated- 21/03/2022

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Heard the parties.

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Apprehending his arrest in connection with Chirkunda (Kumardhubi O.P.) P.S. Case No.266 of 2020 instituted under Sections 341, 323, 498-A, 504, 506 and 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act and Section 4 of Muslim Women (Protection of Rights on Marriage) Act, 2019, the petitioner has moved this Court for grant of privileges of anticipatory bail.

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Learned counsel appearing for the petitioner and learned counsel for the opposite party No.2 jointly submit that both the petitioner and opposite party No.2 are ready and willing to resume their conjugal life. It is agreed to between the parties that both the petitioner and opposite party No.2 will appear before the trial court on 25.04.2022 and on that date the petitioner will take the opposite party No.2 to his house with an undertaking that he will keep and maintain her with full honour and dignity as his lawful wife. Learned counsel for the petitioner submits that because of marital discord between the parties, this case was instituted by the opposite party No.2 against the petitioner. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

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Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

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Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in

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the Court of learned C.J.M., Dhanbad on 25.04.2022 and in case the petitioner appears and surrenders before the learned trial court on 25.04.2022, he will be enlarged on bail on taking the opposite party No.2 to his house with an undertaking that he will keep and maintain her with full honour and dignity as his lawful wife and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Dhanbad in connection with Chirkunda (Kumardhubi O.P.) P.S. Case No.266 of 2020 with the condition that he will co-operate 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 and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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In case the opposite party No.2 does not appear before learned C.J.M., Dhanbad on 25.04.2022, still the petitioner will be enlarged on bail on 25.04.2022 on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Dhanbad in connection with Chirkunda (Kumardhubi O.P.) P.S. Case No.266 of 2020 with the condition that he will co-operate 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 with further condition that he will resume conjugal life with the opposite party No.2 as and when the opposite party No.2 joins him for resuming the conjugal life and keep and maintain her with dignity

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and honour as his lawful wife and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Anil Kumar Choudhary, J . )

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Animesh/

Seikh Shakil v. the State of Jharkhand

Case brief

What is this about?

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Seikh Shakil v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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