Allowed

Abhijit Mukherjee Alias Abhijit Mukhopadhyay v. the State of Jharkhand

Jharkhand HC23 Mar 2022A.B.A./177/2022

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner facing Section 498-A charges, directing surrender within six weeks, deposit of Rs.50,000 as interim victim compensation, and furnishing a bail bond and cooperation undertaking.

What did the court decide?

Grant of anticipatory bail subject to surrender within six weeks, deposit of Rs.50,000 as interim victim compensation, furnishing a bail bond and cooperation undertaking under Section 438 CrPC.

Abhijit Mukherjee Alias Abhijit Mukhopadhyay Vs the… — Dowry and Cruelty | Jharkhand HC (2022)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.177 of 2022

¶2

------

¶3

Abhijit Mukherjee @ Abhijit Mukhopadhyay

¶4

Versus

¶5

The State of Jharkhand .... .... 2. Mousumi Chatterjee ....Opposite Parties -----CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Niladri S. Mukharjee, Advocate For the State : Mr. Subodh Kr. Dubey, Addl.P.P For the O.P. No.2 : Mr. Awadhesh Pandey, Ad. ------

¶6

Order No.03 Dated- 23.03.2022

¶7

Heard the parties through video conferencing.

¶8

Apprehending his arrest in connection with Silli P.S. Case No. 71 of 2021 instituted under Sections 498-A, 341, 323, 504, 506 of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.

¶9

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner being husband of the opposite party no.2 treated her with cruelty. It is submitted that the allegation against the petitioner is false and because of marital discord between the parties, this false case has been foisted against the petitioner. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and undertakes to pay ad interim victim compensation of Rs.50,000/- without prejudice to his defence in this case to the opposite party no.2. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

¶10

Learned Addl.P.P appearing for the State being assisted by learned counsel for the opposite party no.2 opposes the prayer for anticipatory bail of the petitioner.

¶11

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 the Court within six weeks from today and in the event of his arrest or surrendering, the petitioner will be enlarged on bail on depositing a demand draft of Rs.50,000/- as ad interim victim compensation without prejudice to his defence in this case drawn in favour of the opposite party no.2 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 SDJM, Ranchi in connection

¶12

with Silli P.S. Case No. 71 of 2021 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.

¶13

In case the petitioner deposit the said demand draft, the court below is directed to issue notice to the opposite party no.2 and on her proper identification, the court below shall handover the same to her forthwith.

¶14

In case the petitioner deposits Rs.50,000/- in favour of the opposite party No.2, the same shall be adjusted towards maintenance, if any or full and final settlement, if any, between the parties.

¶15

(Anil Kumar Choudhary, J . )

¶16

Pappu/

Abhijit Mukherjee Alias Abhijit Mukhopadhyay v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Abhijit Mukherjee Alias Abhijit Mukhopadhyay v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kisalay Kumaresh Vs the State of Jharkhand

Sanat Besra Vs the State of Jharkhand

Anadhan Soren Vs the State of Jharkhand

Umesh Ram Vs the State of Jharkhand

Gopi Nath Singh Munda Vs State of Jharkhand Thr Vigila

Zuber Sheikh Alias Juber Sheikh Vs the State of Jharkhand