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Ramesh Kumar v. the State of Jharkhand

Jharkhand HC13 Sept 2023A.B.A./1003/2023

Case brief

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What is this about?

The High Court at Ranchi granted anticipatory bail to the petitioner in a dowry harassment case under S. 498A IPC. The petitioner must deposit Rs. 3,50,000 as a demand draft with two sureties and cooperate with the trial. The payment may be adjusted towards maintenance.

What did the court decide?

Anticipatory bail granted contingent upon deposit of Rs. 3,50,000 via demand draft and furnishing a bail bond of Rs. 25,000 with two sureties to the JMFC, Dhanbad, while cooperating with the trial.

Ramesh Kumar Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 1003 of 2023

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Ramesh Kumar … Petitioner

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Versus

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The State of Jharkhand & Anr. … Opposite Parties

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Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Afaque Rashidi ,Adv. For the State : Mr. Rajneesh Vardhan ,Addl. PP

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04 / 13.09.2023 Heard the parties.

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with C.P. Case No. 3473 of 2021 registered under Sections 498A of the Indian Penal Code and Section 3/4 of the D.P.Act.

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Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner being the husband, treated the opp. party no. 2 with cruelty in connection with demand of dowry. It is then submitted that the allegations against the petitioner are all false and those allegations are general and omnibus in nature. It is next submitted that the petitioner is ready to co-operate with the trial of the case and also undertakes to pay Rs. 3,50,000/- to the opp. party no. 2 without prejudice to his defence hence, the petitioner be given the privilege of anticipatory bail.

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The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner.

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Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of eight weeks from the date of this order, the petitioner shall be released on bail on depositing Rs. 3,50,000/- by way of demand draft drawn in favour of opp. Party no. 2 without prejudice to his defence and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five

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Thousand) with two sureties of the like amount each to the satisfaction of learned JMFC, Dhanbad in connection with C.P. Case No. 3473 of 2021 subject to the condition that the petitioner will co-operate with the trial of the case along with the other conditions laid down under section 438 (2) Cr. P.C.

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In case of depositing aforesaid demand draft by the petitioner, learned court below is directed to issue notice to the opposite party no. 2 and release the demand draft in her favour on proper identification forthwith and if the said amount is deposited by the petitioner, the same will be adjusted towards maintenance in any proceeding between the parties in future or the final settlement, if any, takes place between the parties.

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( ANIL KUMAR CHOUDHARY, J.)

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Smita/-

Ramesh Kumar v. the State of Jharkhand

Case brief

What is this about?

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Ramesh Kumar v. the State of Jharkhand

Case brief

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