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Sanjay Kumar Pandit Alias Sanjay Pandit v. the State of Jharkhand

Jharkhand HC18 Jan 2023A.B.A./3613/2022

Case brief

AI extract

What is this about?

A Single Bench authorized the petitioner to obtain a privilege of anticipatory bail under Section 438 CrPC in a case involving allegations of dowry harassment and cruelty under the Indian Penal Code and Dowry Prohibition Act.

What did the court decide?

Petitioner to surrender in Court below within four weeks and be enlarged on bail on furnishing bond of Rs.20,000 with two sureties and conditions under Section 438(2) CrPC.

Sanjay Kumar Pandit Alias Sanjay Pandit Vs the State of… — Dowry and Cruelty | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 3613 of 2022

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Sanjay Kumar Pandit @ Sanjay Pandit …… Petitioner

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Versus

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The State of Jharkhand

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Sneha Pandit ……Opposite parties

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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner : Mr. Shailesh, Advocate For the State : Mr. Shailesh Kr. Sinha, A.P.P.

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Order No.08/ Dated:18.01.2023

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Heard learned counsel for the parties.

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Apprehending his arrest in connection with C.P. Case No. 1955 of 2021 instituted under Sections 498(A)/ 34 of the Indian Penal Code & Section 4 of the Dowry Prohibition Act, the petitioner has moved this Court for grant of privilege of anticipatory bail.

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As per complaint case, there is an allegation of demand of dowry and due to non-fulfilment subjecting the complainant to torture and ousted her from matrimonial home.

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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. It is submitted that complainant has lodged maintenance case against the petitioner which has been allowed and entire use of maintenance allowance of Rs. 1,68,000/- has been paid to the complainant. Due to matrimonial discord, the complainant has leveled false allegation about the demand of dowry and torture meted with her. There is an allegation of duping all the family members of the petitioner. The effort of conciliation between the parties at JHALSA has also been unsuccessful. It is lastly submitted that the petitioner undertakes to cooperate with the trial of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory bail to the

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petitioner. Hence, the petitioner may be extended the privilege of anticipatory bail.

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Learned Addl.P.P appearing for the State assisted with learned counsel for the complainant opposes the prayer for anticipatory bail of the petitioner and submitted that there is direct allegation against the petitioner that he has assaulted and subjected the complainant to physical and mental cruelty and due to non-fulfilment of additional demand of dowry in the shape of Rs. 6 lacs cash and four wheeler. The marriage was solemnized in the year 2019. Hence, petitioner does not deserve anticipatory bail.

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Considering the entire factual aspect of the case and present state of affairs between the parties and no likelihood of any worth settlement between the parties, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.F.C. at Dhanbad in connection with C.P. Case No. 1955 of 2021 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Pradeep Kumar Srivastava, J.)

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R.K/A.P.K.

Sanjay Kumar Pandit Alias Sanjay Pandit v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sanjay Kumar Pandit Alias Sanjay Pandit v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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