The High Court of Jharkhand granted anticipatory bail to the petitioner apprehending arrest under dowry-related charges, ordering release upon deposit of sum money and furnishing bond via the JMFC.
Anticipatory bail granted; release in event of arrest within eight weeks if Rs. 50,000 deposited and bail bond furnished to JMFC with conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 1279 of 2023
Bikratan Gope … Petitioner Versus
The State of Jharkhand & Anr. … Opposite Parties
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. J. N.UPadhyay ,Adv. For the State : Mr. Subodh Kr. Dubey ,Addl. PP
08 / 04.09.2023 Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Potka P.S. Case No. 23 of 2022 registered under Sections 323, 341, 406, 420, 498A, 494, 504, 506, 34 of the Indian Penal Code.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner treated the informant 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 investigation of the case and also undertakes to pay Rs. 50,000/- to the informant without prejudice to his defence, subject to final decision in the case, hence, the petitioner be given the privilege of anticipatory bail.
The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner.
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. 50,000/- by way of demand draft drawn in favour of
informant without prejudice to his defence, subject to final decision in the case and 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 JMFC, Jamshedpur in connection with Potka P.S. Case No. 23 of 2022 subject to 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.
In case of depositing aforesaid demand draft by the petitioner, learned court below is directed to issue notice to the informant 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.
( ANIL KUMAR CHOUDHARY, J.)
Smita/-
1 issue framed by the court
Whether anticipatory bail should be granted in connection with proceedings under Sections 323, 341, 406, 420, 498A, 494, 504, 506, and 34 of the Indian Penal Code.
1 provisions across 1 enactments
Bikratan Gope
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
