Petitioner sought anticipatory bail in a matrimonial dispute involving dowry demand allegations and criminal charges under IPC 498A and D.P. Act. The petitioner was in service outside the state. The court rejected the plea.
Prayer for anticipatory bail stands rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 2379 of 2022
Subodh Kumar … … Petitioner
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
For Petitioner : M/s. A. K. Singh, Advocate For the State : M/s. Rakesh Ranjan, A.P.P For the O.P. No. 2 : M/s. Lalit Yadav, Advocate
07/25.11.2022 Heard the Parties.
Petitioner is apprehending his arrest in connection with City Mahila P.S. Case No. 56/2021, registered under Sections 341/ 323/ 498A/34 of the Indian Penal Code and Sections 03/04 of the D.P. Act, pending in the Court of learned C.J.M., Bokaro.
On the last occasion petitioner and opposite Party No. 2 were directed to remain physically present in the court, both the parties are present.
It is alleged that marriage between the parties was solemnized on 25.11.2020. Thereafter, there was demand of Rs.12 lakhs from the parents of Opposite Party No. 2. To enforce the demand, she was tortured and ultimately she was driven away from her matrimonial home. Petitioner is in C.R.P.F and posted in Chhattisgarh. It is alleged that when the petitioner returned from duty, the Opposite Party No. 2 told him about the torture mated to her by in laws. However, the petitioner snubbed her and also got her pregnancy terminated.
Opposite Party No. 2 has expressed her inclination to resume her matrimonial relationship. However, the petitioner is not ready to receive her back to resume their conjugal relationship.
Regard being had to the facts and circumstance of the case; I am not inclined to enlarge the petitioner on Anticipatory Bail. Accordingly, his prayer for Anticipatory bail stands rejected.
(Ambuj Nath, J.)
Saurabh
3 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case alleging dowry demand, torture, and termination of pregnancy.
Whether the petitioner's apprehension of arrest warrants the grant of anticipatory bail.
Whether the petitioner's unwillingness to resume conjugal relationship impacts the grant of bail.
2 provisions across 2 enactments
Subodh Kumar
The State of Jharkhand
Kamleshwari Kumari
Ambuj Nath
As recorded by the court registry
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