Allowed

Sanjay Paswan v. the State of Jharkhand

Jharkhand HC11 Sept 2023A.B.A./117/2023

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a domestic violence case involving cruelty allegations. The court imposed specific conditions resuming conjugal life and cooperating with the investigation, agreed upon by the petitioner and the wife, before delivery of the judgment.

What did the court decide?

Granting of anticipatory bail with conditions to appear before JMFC, resume conjugal life, and cooperate with investigation, subject to specific undertakings regarding the wife's dignity and residence

Sanjay Paswan Vs the State of Jharkhand — Domestic Violence | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 117 of 2023

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Sanjay Paswan … 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. Prakash Kumar, Adv. For the State : Mr. Achinto Sen ,Addl. PP For the Opp.Party no. 2 : Mr. Birendra Kumar ,Adv.

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08 / 11.09.2023 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 Sadar P.S. Case No. 33 of 2022 registered under Sections 498A, 313, 504, 506, 34 of the Indian Penal Code.

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Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner being the husband of the informant -opposite party no. 2, treated the opposite party no. 2 with cruelty. 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 in the court below on 03.10.2023 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 honour as his lawful wife and he will reside with the opp. party no. 2 as and when, the petitioner lands in India. It is next submitted that the petitioner is ready to co-operate with the Investigation of the case hence, the petitioner be given the privilege of anticipatory bail.

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The learned Addl. PP and learned senior counsel for the opposite party no. 2 submits that they do not have any objection 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.

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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, Ranchi on 03.10.2023 and in case the petitioner appears and surrenders before the learned trial court on 03.10.2023, 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 he will reside with the opp. party no. 2 as and when, the petitioner lands in India 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, Ranchi in connection with Sadar P.S. Case No. 33 of 2022 with the condition that the petitioner will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.

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In case the opposite party no. 2 does not appear before learned JMFC, Ranchi on 03.10.2023, or refuses to resume conjugal life with the petitioner, still the petitioner will be enlarged on bail within six weeks from 03.10.2023 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, Ranchi in connection with Sadar P.S. Case No. 33 of 2022 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

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and dignity as his lawful wife and he will with reside the opp. party no. 2 as and when, the petitioner lands in India and he will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.

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( ANIL KUMAR CHOUDHARY, J.)

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Smita/-

Sanjay Paswan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sanjay Paswan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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