The High Court of Jharkhand granted anticipatory bail to the petitioner, who was apprehending arrest in a 498A case filed by his wife. The court directed surrender within two weeks and framed standard bail conditions.
Anticipatory bail granted; direction to surrender within two weeks; bail bond of Rs. 25,000 with two sureties.
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A.B.A. No. 8386 of 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Santosh Bhagat …... …. Petitioner Versus 1. The State of Jharkhand 2. Santoshi Bhagat .…. …. Opp. Parties -------- CORAM : HON’BLE MR. JUSTICE AMBUJ NATH -------For the Petitioner : Mr. Jitendra S. Singh, Advocate For the State : Mr. A. K. Tiwari, A.P.P --------
04/ Dated 07.11.2022
Heard the parties.
The petitioner is apprehending his arrest in connection with Pakur (Mahila) P.S. Case No. 05 of 2020, corresponding to G.R No.551 of 2020, for the offence under Sections 498(A), 323, 341, 504, 34 of the Indian Penal Code and subsequently, cognizance has been taken under Sections 498(A), 34 of the Indian Penal Code, pending in the court of learned Additional Chief Judicial Magistrate, Pakur.
Petitioner happens to be the husband of the prosecutrix.
It is alleged that the petitioner used to torture her to enforce the demand of Rupees One Lakh.
It was submitted that the marriage between the parties was solemnized in the year 2009 and the present case was instituted in the year 2020, i.e., after 11 years. It was further submitted that the informant had not sustained any injuries at the hands of the petitioner. Learned A.P.P. does not dispute these facts.
Regard being had to the facts of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, the petitioner, named above, is directed to surrender in the court below within two weeks from the date of receipt / production of a copy of this order, and in the event of his surrender in the court below, he shall be enlarged on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Pakur, in connection with Pakur (Mahila) P.S. Case No. 05 of 2020, corresponding to G.R No.551 of 2020, on the conditions as laid down under Section 438 (2) Cr.P.C.
(Ambuj Nath, J.)
BS/
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in a 498(A) case.
Whether the petitioner should surrender within specified time to be enlarged on bail.
Whether bail conditions under Section 438(2) Cr.P.C. should be framed for this case.
1 provisions across 1 enactments
Santosh Bhagat
The State of Jharkhand
Santoshi Bhagat
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
