Petitioner sought anticipatory bail fearing arrest in a dowry-related complaint under IPC and Dowry Prohibition Act. Court found no necessity for custodial trial and disposed of application without expressing merits on record.
No anticipatory bail granted; directed to seek regular bail before trial Court.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2520 of 2023
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Somnath Yadav .... .... …. Petitioner Versus
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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
-----For the Petitioner : Mr. Manish Yadav, Advocate For the State : Mr. Nawin Kr. Singh, Addl.P.P
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Order No.02 Dated- 12.07.2023
Heard learned counsel for the parties.
Apprehending his arrest in connection with Complaint Case No. 1132 of 2021 instituted under Sections 323/324/379/498A of the Indian Penal Code and Sections 3 /4 of Dowry Prohibition Act, the petitioner has moved this Court for grant of privilege of anticipatory bail.
As per the complaint petition, the complainant had solemnized marriage with the petitioner on 24.06.2019 and after one year of marriage, the petitioner and in-laws of the complainant, they started demanding additional dowry of Rs. two lakhs. Due to non-fulfilment of the said demand, she was tortured and ousted from her matrimonial house after snatching her ornaments.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is further submitted that petitioner undertakes to co-operate with the trial of the case and will not indulge in tampering with prosecution evidence and will abide by all terms and conditions imposed by this Court in the matter of granting anticipatory bail. Hence, it is submitted that the petitioner may be extended the privilege of anticipatory bail.
Learned Addl.P.P. has opposed the prayer for anticipatory bail of the petitioner.
It appears that it is a complaint case. 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 seek regular bail before learned trial Court which shall be disposed off on its own merits in strict compliance with the guidelines laid down by the Hon’ble Supreme Court of India in the
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case of Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in 2021(10) SCC 773.
Learned trial court is also directed to take notice of fresh observation of Hon’ble Apex Court in the Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in 2023 SCC Online (SC) 452 & 2023 Live Law (SC) 233.
(Pradeep Kumar Srivastava, J.)
Umesh/-
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in a dowry dispute case.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation & AnrReferred¶14
Satender Kumar Antil Vs. Central Bureau of Investigation & Anr reported in 2021(10) SCC 773 · Who else cites this
Satender Kumar Antil Vs. Central Bureau of Investigation & AnrReferred¶14
Satender Kumar Antil Vs. Central Bureau of Investigation & Anr reported in 2023 SCC Online (SC) 452 · Who else cites this
2 provisions across 2 enactments
Somnath Yadav
State
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
