Allowed

Rafique Ansari v. the State of Jharkhand

Jharkhand HC4 Aug 2022A.B.A./1694/2022

Case brief

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What is this about?

The High Court allowed an anticipatory bail application filed in connection with offences including sections 498A and 307 IPC and Dowry Prohibition Act. The court directed the petitioner to surrender within two weeks and granted bail subject to furnishing a bond and complying with Cr.P.C. conditions.

What did the court decide?

Petitioner directed to surrender within two weeks; grant of bail subject to bond of Rs. 25,000 with two sureties and compliance with Cr.P.C. conditions.

Rafique Ansari Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 1694 of 2022

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Rafique Ansari .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Rajina Khatoon .... .... .... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Petitioner : Mr. Rajesh Kumar, Advocate For the State : Mr. Raja Ram Ravi Das, A.P.P. For the Informant : Mr. Baibhav Gahlot, Advocate Mr. Rajiv Ranjan, Advocate

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Oral Order 05/ Dated :04.08.2022

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The anticipatory bail application filed on behalf of petitioner, who is apprehending his arrest in connection with Chandankiyari (Bokaro) P.S. Case No. 160 of 2021 for the offence registered under Sections 498A, 341, 323, 307, 377, 354A, 379, 34 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act pending in the Court of learned Chief Judicial Magistrate, Bokaro, is pressed into motion.

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As per the prosecution case as set out in the written report is that the marriage was performed in 2019 and she was having love affair with the petitioner since before the marriage. At the time of marriage, there was no demand, but thereafter the demand was made by the in-laws. She was tortured physically by her husband and improper sexual advances were made by her father-in-law.

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It is submitted by the learned counsel on behalf of the petitioner that from the F.I.R. itself, it is manifest that there was no demand at the time of marriage and other allegations have been made to make the offence serious in nature. It is submitted that allegation of demand is not against this petitioner and there is no material to make out the case under Section 307 of the I.P.C.

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Learned A.P.P. has opposed the prayer for bail.

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Considering the submissions made, the anticipatory bail application is allowed. Accordingly, the petitioner, above named, is directed to surrender before the learned Trial Court within a period of two weeks and in the event of his arrest or surrender, he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of the Court below, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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The petitioner will co-operate in the investigation and will appear under Section 41A Cr.P.C. as and when required and comply with the condition as laid down under Section 438(2) of the Cr.P.C.

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(Gautam Kumar Choudhary, J . )

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Anit

Rafique Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Rafique Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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