Order in an anticipatory bail application under Section 498A IPC. The Court disposed of the application without opining on merits, directing the petitioner to surrender within four weeks to seek regular bail in compliance with Supreme Court guidelines.
Application disposed off; petitioner directed to surrender within four weeks for regular bail.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1659 of 2023
Nawal Yadav @ Nawal Kr. Yadav …… Petitioner Versus 1.The State of Jharkhand 2.Renu Devi …… Opposite parties
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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
----- For the Petitioner : Mr. Sheo Kumar Singh, Advocate For the State : Mr. Rajesh Kumar, Addl.P.P.
Order No.02/ Dated: 21.03.2023
Heard learned counsel for the parties.
Apprehending their arrest in connection with Complaint Case No. 227 of 2021 instituted under Section 498A of IPC, the petitioner has moved this Court for grant of privilege of anticipatory bail.
It has been alleged that marriage of the petitioner has solemnized on 23.04.2017 as per Hindu Rites and Customs and after that one female issue was born from their wedlock namely, Laxmi Kumari and after the birth of female child the accused persons including petitioner started misbehaving with the complainant and demanded Rs.2 lacs and one motorcycles, which could not fulfilled. Thereafter, the complainant was brutally assaulted and driven out from matrimonial house with her child.
Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. Petitioner has no criminal antecedent. It is lastly submitted that the petitioner undertakes 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 petitioner. Hence, the petitioner 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 petitioner.
Considering the factual aspect of the matter, it is an official complaint case and there is no necessity of custodial trial of the petitioner. Hence, without expressing any view on the merits of the case, this anticipatory bail application is disposed off.
Petitioner is 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./-
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner in a case alleged under Section 498A IPC arising from matrimonial disputes.
Whether an official complaint case necessitates custodial trial for the petitioner.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation & Anr.Referred¶15
Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in 2021(10) SCC 773. · Who else cites this
1 provisions across 1 enactments
Nawal Yadav @ Nawal Kr. Yadav
The State of Jharkhand
Renu Devi
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
