Allowed

Etwa Lohra v. the State of Jharkhand

Jharkhand HC4 Aug 2022A.B.A./4743/2022

Case brief

AI extract

What is this about?

In an anticipatory bail application under Section 438 CrPC filed in a case involving Sections 498-A and 323 IPC alleging cruelty by the sons-in-law, the single Judge inclined to extend anticipatory bail subject to surrender, furnishing of a bond, and cooperation with investigation.

What did the court decide?

Grant of anticipatory bail directed to surrender within four weeks; enlargement on bail upon furnishing bond of Rs. 20,000 with two sureties and complying with conditions under Section 438(2) CrPC.

Etwa Lohra Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.4743 of 2022

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------ Etwa Lohra .... .... …. Petitioner Versus The State of Jharkhand .... .... ....Opposite Party

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------

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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-----For the Petitioner : Mr. Suraj Deo Munda, Advocate For the State : Mr. Subodh Kr. Dubey, Addl.P.P

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------

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Order No.03 Dated- 04.08.2022

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Heard learned counsel for the parties.

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Apprehending his arrest in connection with Gumla(Mahila) P.S. Case No. 08 of 2022 instituted under Sections 323, 498-A, 504, 506/34 of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail.

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It is alleged that the informant and Shivkumar Lohra was in love affairs but later on Shivkumar Lohra refused to marry her. It is further alleged that after institution of a case, on 26.01.2021 both have solemnized marriage without the consent of the parents of Shivkumar Lohra. It is further alleged that after sometime, her husband along with the present petitioner started torturing and harassing the informant showing their dislikeness towards her.

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Learned counsel for the petitioner has submitted that the petitioner is father-in-law. It is further submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case due to being a family member of the husband of informant. It is next submitted that petitioner has no concern with the family affairs with the informant and her husband and the main allegation of torturing and harassing the informant is against her husband. In case of his arrest at the hands of police, prestige and reputation of the petitioner shall be ruined. It is further submitted that petitioner undertakes to co-operate with the investigation of the case and will not indulge in tampering with prosecution evidence and will abide by all terms and conditions imposed by this Court in the matter of granting anticipatory bail. Hence, it is submitted that the petitioner may be extended the privilege of anticipatory bail.

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Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

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Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gumla in connection with Gumla(Mahila) P.S. Case No. 08 of 2022 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.

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(Pradeep Kumar Srivastava, J.)

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Pappu/

Etwa Lohra v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Etwa Lohra v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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