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Gajendra Kumar Singh v. the State of Jharkhand

Jharkhand HC10 Oct 2023A.B.A./3944/2023

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the defendant in a domestic offence case involving cruelty. The court fixed conditions regarding victim contact, appearance before the investigating officer, and maintenance of dignity for the wife.

What did the court decide?

Anticipatory bail granted subject to a bail bond of Rs. 25,000 and two sureties, with conditions to allow wife-child meetings, not disturb the wife, cooperate with investigation, and appear when notic

Gajendra Kumar Singh Vs the State of Jharkhand — Matrimonial and Divorce | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 3944 of 2023

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Gajendra Kumar Singh … Petitioner Versus 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. R.S. Mazumdar, Sr. Adv. For the State : Mr. Shrish Mazumdar, AC to Mr. Pankaj Kumar, PP For the Opp. Party no. 2 : Mr. Pankaj Srivastava , Adv.

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03 / 10.10.2023 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 Kanke P.S. Case No. 42 of 2023 registered under Sections 323, 498A, 427 of the Indian Penal Code.

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Learned senior 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. It is then submitted that the allegations against the petitioner are all false and those allegations are general and omnibus in nature. It is further submitted by learned senior counsel for the petitioner that the petitioner has filed a petition under Section 9 of the Hindu Marriage Act for restitution of their conjugal rights. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and he undertakes that he will allow the opp. party no. 2 to meet the children of the petitioner and the opp. party no. 2 and he will not annoy or disturb the opp. party no. 2 in any manner during pendency of the case and he will keep and maintain the opposite party no. 2 with full dignity and honour as his lawful wife, as and when the opposite party no. 2, becomes ready to resume conjugal life with the petitioner, hence, the petitioner be given the privilege of anticipatory bail.

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The learned PP opposes the prayer for anticipatory bail of the petitioner.

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Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail 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 CJM, Ranchi in connection with Kanke P.S. Case No. 42 of 2023 subject to the condition that the petitioner will allow the opp. party no. 2 to meet the children of the petitioner and the opp. party no. 2 and he will not to annoy or disturb the opp. party no. 2 in any manner during pendency of the case and he will keep and maintain the opposite party no. 2 with full dignity and honour as his lawful wife, as and when the opposite party no. 2, becomes ready to resume conjugal life with the petitioner and will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency 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/-

Gajendra Kumar Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Gajendra Kumar Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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