Allowed

Santosh Kumar Das v. the State of Jharkhand

Jharkhand HC5 Dec 2022A.B.A./9477/2022

Case brief

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What is this about?

This is an anticipatory bail application under Section 438 CrPC where the petitioner, facing a Section 498A complaint for alleged matrimonial harassment in connection with a nullity suit, sought protection from arrest. The High Court considered the allegations and opposed submissions before allowing the application.

What did the court decide?

Petitioner is directed to surrender before the learned Trial Court within two weeks and shall be released on bail on furnishing a bond of Rs.25,000 with two sureties, subject to conditions under Secti

Santosh Kumar Das Vs the State of Jharkhand — Domestic Violence | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 9477 of 2022

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------ Santosh Kumar Das .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Divya Bharti .... .... .... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Petitioner : Mr. Gautam Kumar, Advocate For the State : Ms. Mohua Palit, A.P.P. For the O.P. No.2 : Mr. Vijay Shankar Jha, Advocate Mr. Aniket Sinha, Advocate

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Oral Order

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03/ Dated : 05.12.2022

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The anticipatory bail application filed on behalf of petitioner, who is apprehending his arrest in connection with Complaint Case No. 245 of 2020 for the offence registered under Section 498A of the Indian Penal Code pending in the Court of learned Sub Divisional Judicial Magistrate, Deoghar, is pressed into motion.

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It is submitted by the learned counsel on behalf of the petitioner that petitioner is husband and he has filed Matrimonial Suit No.776 of 2021 for declaration of marriage to be null and void as the complainant is suffering from Schizophrenia and marriage was performed concealing this fact. The complaint has been filed levelling general and omnibus allegation against entire family. No specific date of such harassment or assault has been given. The Doctor has opined in the written report that she had aggressive and assaultive behavior and suicidal thought.

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Learned A.P.P. assisted by learned counsel on behalf of complainant has opposed the prayer for bail.

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Considering the submissions made, the anticipatory bail application is allowed. Accordingly, the petitioner, above named, is directed to surrender before the learned Trial Court within a period of two weeks and in the event of his arrest or surrender, he shall be released on bail on furnishing bail bond of Rs.25,000/(Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of the Court below, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Gautam Kumar Choudhary, J . )

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Anit

Santosh Kumar Das v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Santosh Kumar Das v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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