Allowed

Abhijit Dutta v. the State of Jharkhand

Jharkhand HC12 Sept 2023A.B.A./227/2023

Case brief

AI extract

What is this about?

The High Court recognized this as a fit case for anticipatory bail. The order conditions release on arrest or surrender within four months upon deposit of Rs.1,50,000/- as demand draft and a bail bond with sureties, subject to cooperation in trial. The deposit is directed to be handed to the complainant for potential maintenance adjustment.

What did the court decide?

Petitioner granted privilege of anticipatory bail conditioned on depositing Rs.1,50,000/- demand draft and furnishing bail bond of Rs.25,000/- with two sureties, to be taken within four months.

Abhijit Dutta Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 227 of 2023

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Abhijit Dutta … Petitioner Versus The State of Jharkhand & Anr. … Opposite Parties -----CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Mr. Ritesh Kumar, Advocate For the State : Mr. V.S. Sahay, Addl. P.P. For O.P. No.2 : Mr. J.N. Upadhyay, Advocate

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------

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Order No.07 Dated- 12.09.2023

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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 Complaint Case No.844 of 2022 registered under sections 498A of the Indian Penal Code.

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The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner treated the opposite party no.2 with cruelty in connection with demand of dowry. It is further submitted that the allegations against the petitioner are all false. It is next submitted that the petitioner is ready and willing to resume conjugal life with the complainant-opposite party no.2 but as the complainant-opposite party no.2 is not desirous of resuming conjugal life with the petitioner hence, this false complaint has been foisted by the complainant. It is then submitted that the petitioner undertakes in writing to pay Rs.1,50,000/- to the complainant-opposite party no.2 without prejudice to his defence in this case and undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

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Learned Addl. P.P. and the learned counsel for the opposite party no.2 opposes the prayer for grant of anticipatory bail.

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Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail.

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Hence, in the event of his arrest or surrender within a period of four months from the date of this order, he shall be released on bail on depositing a demand draft of Rs.1,50,000/- drawn in favour of complainant without prejudice to his defence in this 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 A.C.J.M., Jamshedpur, in connection with Complaint Case No.844 of 2022 with the condition that the petitioner will cooperate with the trial of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

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In case, the petitioner deposits the aforesaid demand draft, the court below is directed to issue notice to the complainant and hand over the said demand draft to her, after proper identification.

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In case, the petitioner deposits the aforesaid demand draft, the same shall be adjusted towards maintenance and one time settlement, if and when the same takes place between the parties.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Abhijit Dutta v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Abhijit Dutta v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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