Allowed

Iyamin Ansari v. the State of Jharkhand

Jharkhand HC8 Sept 2023A.B.A./2977/2023

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in an IPC 498A case. The court directed surrender and release upon resuming conjugal life and maintaining the wife with dignity, subject to a bail bond and an undertaking not to have relationships with other women.

What did the court decide?

Anticipatory bail granted subject to surrender on 03.10.2023, resumption of conjugal life, furnishing a bail bond of Rs. 25,000 with two sureties, and an undertaking to maintain the wife with dignity

Iyamin Ansari Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 2977 of 2023

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Iyamin Ansari @ Iyamin Ansary … Petitioner Versus

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The State of Jharkhand & Anr. … Opposite Parties

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Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Rajesh Kr. Mishra ,Adv. For the State : Ms. Lily Sahay, Addl. PP For the Opp.Party no. 2 : Mr. R.C.P.Sah, ,Adv.

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05 / 08.09.2023 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. 19 of 2022 registered under Sections 498A, 323, of the Indian Penal Code and Section 4 of the D.P.Act.

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Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner being the husband of the opposite party no. 2, treated the opposite party no. 2 with cruelty in connection with demand of dowry. It is next submitted that the allegations against the petitioner are all false and the petitioner has not solemnized marriage other than the opp. party no. 2. It is jointly submitted by learned counsel for the petitioner and learned counsel for opposite party no. 2 that both the petitioner and the opposite party no. 2 are ready and willing to resume their conjugal life. It is also agreed to between the parties that both the petitioner and the opposite party no. 2 will go to the court below on 03.10.2023 and from there, the petitioner will take the opposite party no. 2 to his house to resume conjugal life with her and will keep and maintain the opposite party no. 2 with full dignity and honour as his lawful wife and the petitioner also undertakes not to have any relationship with any lady other than the opp. party no. 2. It is next submitted that the petitioner is ready to co-

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operate with the trial of the case hence, the petitioner be given the privilege of anticipatory bail.

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The learned Addl. PP and learned counsel for the opposite party no. 2 submits that they do not have any objection the prayer for anticipatory bail of the petitioner as both the petitioner and the opposite party no. 2 are ready and willing to resume their conjugal life.

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Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned SDJM, Chandil on 03.10.2023 and in case the petitioner appears and surrenders before the learned trial court on 03.10.2023, he will be enlarged on bail on taking the opposite party no. 2 by the petitioner to his house with an undertaking that the petitioner will keep and maintain the opposite party no. 2 with full honour and dignity as his lawful wife and will not have any relationship with any lady other than the opp. party no. 2 and on his furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Chandil in connection with Complaint Case No. 19 of 2022 with the condition that the petitioner will co-operate with the trial of the case along with the other conditions laid down under section 438 (2) Cr. P.C.

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In case the opposite party no. 2 does not appear before learned SDJM, Chandil on 03.10.2023, or refuses to resume conjugal life with the petitioner, still the petitioner will be enlarged on bail within six weeks from 03.10.2023 on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Chandil in connection with Complaint Case No. 19 of 2022 with the condition that the petitioner will resume conjugal life with the opposite party no. 2 as and when she joins him for resuming the conjugal life and he will keep and maintain the opposite party no. 2 with full

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honour and dignity as his lawful wife and will not have any relationship with any lady other than the opp. party no. 2 and he will co-operate with the trial of the case along with the other conditions laid down under section 438 (2) Cr. P.C.

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( ANIL KUMAR CHOUDHARY, J.)

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Smita/-

Iyamin Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Iyamin Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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