The High Court of Jharkhand granted anticipatory bail to the petitioner in a 498A case involving dowry allegations, subject to resuming conjugal life and cooperating with the trial court.
petitioner enlarged on bail on surrender in JMFC Dhanbad by 30.11.2023 with conditions to resume conjugal life and maintain wife's dignity.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 10156 of 2022
Binod Mahato … Petitioner Versus
The State of Jharkhand & Anr. … Opposite Parties
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Shekhar Pd. Sinha, Adv. For the State : Ms. Shweta Singh, Addl. PP For the O.P. No. 2 : Mr. Niranjan Singh, Adv.
05 / 04.10.2023 Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with C.P. Case No. 3490 of 2019 registered under Sections 498A, 34, 323, 34 of the Indian Penal Code.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner being the husband of the complainant -opposite party no. 2, treated the opposite party no. 2 with cruelty in connection with demand of dowry. It is next submitted that the allegations against the petitioner are all false and those allegations are general and omnibus in nature. It is jointly submitted by learned counsel for the petitioner and learned counsel for opposite party no. 2 that both the petitioner and the opposite party no. 2 are ready and willing to resume their conjugal life. It is also agreed to between the parties that both the petitioner and the opposite party no. 2 will go to the court below on 30.11.2023 and from there only, the petitioner will take the opposite party no. 2 to his house to resume conjugal life and will keep and maintain the opposite party no. 2 with full dignity and honor as his lawful wife. It is next submitted that the petitioner is ready to co-operate with the trial of the case hence, the petitioner be given the privilege of anticipatory bail.
The learned Addl. PP and learned counsel for the opposite party no. 2 submits that they do not have any objection to the prayer for anticipatory bail of the petitioner
as both the petitioner and the opposite party no. 2 are ready and willing to resume their conjugal life.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned JMFC, Dhanbad on 30.11.2023 and in case the petitioner appears and surrenders before the learned trial court on 30.11.2023, he will be enlarged on bail on taking the opposite party no. 2 by the petitioner to his house with an undertaking that the petitioner will keep and maintain the opposite party no. 2 with full honour and dignity as his lawful wife and on his furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned JMFC, Dhanbad in connection with C.P. Case No. 3490 of 2019 with 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.
In case the opposite party no. 2 does not appear before learned JMFC, Dhanbad on 30.11.2023, or refuses to resume conjugal life, still the petitioner will be enlarged on bail on 30.11.2023 on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned JMFC, Dhanbad in connection with C.P. Case No. 3490 of 2019 with the condition that the petitioner will resume conjugal life with the opposite party no. 2 as and when she joins him for resuming the conjugal life and he will keep and maintain the opposite party no. 2 with full honour and dignity as his lawful wife and he will co-operate with the trial of the case along with the other conditions laid down under section 438 (2) Cr. P.C.
(ANIL KUMAR CHOUDHARY, J.)
Smita/-
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner facing 498A and IPC charges?
1 provisions across 1 enactments
Binod Mahato
The State of Jharkhand
Opposite Party No. 2
Anil Kumar Chaudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
