Single judge allowed the anticipatory bail application of Ganesh Gorai, directing surrender within two weeks, subject to bail conditions under Section 438(2) CrPC, finding initial allegations general.
Anticipatory bail allowed; surrender directed within two weeks; release on bail upon arrest via Rs.25,000 bond with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1704 of 2022
------ Ganesh Gorai .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Sudevi Gorai .... .... .... Opposite Parties
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner : Mr. Harsh Chandra, Advocate For the State : Ms. Lily Sahay, A.P.P. For the O.P. No.2 : Mr. R.C.P. Sah, Advocate
Oral Order
05/ Dated :04.08.2022
The anticipatory bail application filed on behalf of petitioner, who is apprehending his arrest in connection with Govindpur P.S. Case No. 70 of 2021 for the offence registered under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act pending in the Court of Sri B.C. Chatterjee, learned Judicial Magistrate,1st Class, Jamshedpur, is pressed into motion.
It is submitted by the learned counsel on behalf of the petitioner that F.I.R. was lodged against the entire family but in the charge sheet has been submitted only against husband and other accused persons have not been sent up after investigation. It is further submitted that the petitioner is driver by occupation and the informant is not willing to live in the joint family. The allegations are general in nature and there is no specific date, time or place of the said assault.
Learned A.P.P. has opposed the prayer for bail.
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.
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.
(Gautam Kumar Choudhary, J . )
Anit
1 issue framed by the court
Whether the anticipatory bail application filed by the petitioner apprehending arrest under Section 498A IPC and Dowry Prohibition Act deserves to be allowed.
2 provisions across 1 enactments
Ganesh Gorai
The State of Jharkhand
Sudevi Gorai
Gautam Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
