Single judge rejected anticipatory bail application in a dowry harassment case. Court held no case for bail was made out given the specific role assigned to the applicant in the complaint alleging torture and ouster from the matrimonial home.
Anticipatory bail application rejected; case remanded to Magistrate.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3871 of 2022 Noor Alam @ Albux Hussain @ Md. Akram …. ….. Petitioner Versus
1.The State of Jharkhand
CORAM: HON’BLE MR. JUSTICE SUBHASH CHAND
-----For the Petitioner : Mr. Shailendra Jit, Advocate For the State : Mr. Tarun Kumar, A.P.P. For the Informant : Mr. S.K. Pandey No.1, Advocate
5/02.08.2022 Heard learned counsel for the applicant and learned APP for the State and learned counsel for the informant.
This anticipatory bail application has been filed on behalf of the abovenamed applicant seeking anticipatory bail in connection with Katkamsandi (Pelawal) P.S. Case No.46 of 2021, registered under Sections 323/498A/379//34 of the Indian Penal Code and section 3/ 4 of D.P. Act, pending in the court of learned J.M., 1st Class, Hazaribag.
Learned counsel for the applicant has submitted that the FIR of this case was lodged by the complainant against 6 named accused including the applicant with these allegations that the complainant was married with Noor Alam @ Albux Hussain @ Md. Akram on 09.05.2016 and after solemnization of marriage, additional demand of dowry was made by the husband and other named accused persons and for non-fulfilment of the same, the complainant was physically and mentally tortured. On 15.01.2020, the complainant was ousted from her matrimonial house by her husband.
Learned counsel for the applicant has submitted that the applicant is the husband of the victim-complainant and has been falsely implicated in this case. The allegations made against all the named accused are general and omnibus. He or his family members never made demand of alleged dowry and subjected her to cruelty.
Learned A.P.P. appearing on behalf of the State and learned counsel for the informant vehemently opposed the contentions made by the learned counsel for the applicant and contended that the applicant is the husband of the victim and he has been assigned specific role in complaint itself, on the basis of which this FIR was lodged.
In view of the submission made and material on record no case of anticipatory bail is made out.
Accordingly the anticipatory bail application of the applicant is hereby rejected.
(Subhash Chand, J.)
Tarun
1 issue framed by the court
Whether anticipatory bail can be granted in a case alleging dowry harassment and cruelty involving the applicant.
2 provisions across 2 enactments
Noor Alam @ Albux Hussain @ Md. Akram
The State of Jharkhand
Safina Praveen
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
