The High Court, Ranchi, disposed of an anticipatory bail application filed by petitioners accused under Section 498-A IPC without expressing views on merits, directing them to surrender and seek regular bail.
Application disposed; petitioners directed to surrender within four weeks and seek regular bail.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1312 of 2023
1.Pawan Mahto @ Pawan Kumar Mahto 2.Deepak Mahto …… Petitioners
Versus
1.The State of Jharkhand
2.Rekha Devi …… Opposite parties
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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
----- For the Petitioners : Mr. Gautam Kumar, Advocate For the State : Mr. Saket Kumar, Addl.P.P. -------
Order No.02/ Dated: 22.03.2023
Heard learned counsel for the parties.
Apprehending their arrest in connection with Complaint Case No. 03 of 2022 instituted under Section 498-A, 494/34 of IPC and under Section 3/4 of D.P. Act, the petitioners have moved this Court for grant of privilege of anticipatory bail.
It has been alleged that marriage of the complainant on 15.04.2015 as per Hindu Rites and Customs and after that one female issue from their wedlock namely, Sakchi Kumari and demanded dowry of Rs.5 lacs and due to non-fulfilment of above demand of dowry she was subjected to assault, torture and harassment at the hands of the petitioner.
Learned counsel for the petitioners has submitted that all the allegations are general and omnibus in nature and there are no specific and direct allegations against these petitioners. It is also submitted that petitioners are innocent and have committed no offence at all rather have been falsely implicated in this case. Petitioners have no criminal antecedent. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory bail to the petitioners. Hence, the petitioners may be extended the privilege of anticipatory bail.
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Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the factual aspect of the matter, it appears that petitioners are brother-in-law of complainant and summons has been issued against them. It is a complaint case and there is no necessity of custodial trial of the petitioners. Hence, without expressing any view on merits of the case, this anticipatory bail application is disposed off.
Petitioners are directed to surrender in the Court below within a period of four weeks and seek regular bail which shall be disposed off on its own merits in compliance of the guidelines laid down by the Hon’ble Supreme Court of India in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in 2021(10) SCC 773.
(Pradeep Kumar Srivastava, J.)
R.S./-
Pawan Mahto @ Pawan Kumar Mahto
Deepak Mahto
The State of Jharkhand
Rekha Devi
Pradeep Kumar Srivastava
As recorded by the court registry
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