Allowed

Naim Akhtar v. the State of Jharkhand

Jharkhand HC9 Oct 2023A.B.A./4292/2023

Case brief

AI extract

What is this about?

The High Court of Jharkhand, Ranchi granted an interim order allowing anticipatory bail to the petitioner in a case involving allegations of cruelty and dowry demand under Sections 498-A IPC and the Dowry Prohibition Act, directing surrender within six weeks and imposition of specific bond conditions.

What did the court decide?

Granted anticipatory bail directing surrender within six weeks and enlarging on bail upon furnishing bond of Rs. 25,000 with two sureties under specific conditions.

Naim Akhtar Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2023)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.4292 of 2023

¶2

------

¶3

The State of Jharkhand 2. Ismotara Khatun .... .... .... Opposite Parties

¶4

CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

¶5

------ For the Petitioner : Mr. Santosh Kr. Jha, Advocate For the State : Mr. Shree Prakash Jha, Addl.P.P

¶6

Order No.05 Dated- 09/10/2023

¶7

Heard the parties.

¶8

Apprehending his arrest in connection with Pakur (Muffasil) P.S. Case No.319 of 2022 corresponding to G.R. No.148 of 2023 instituted under Sections 323, 498-A, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.

¶9

Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner being the husband of the informant/opposite party No.2, has treated her with cruelty in connection with demand of dowry. It is submitted that the allegations against the petitioner are all false and general and omnibus in nature. It is next submitted that because of marital discord between the parties, this false case has been foisted against the petitioner. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and to keep and maintain the opposite party No.2 with full honour and dignity as his lawful wife as and when she resumes conjugal life with him. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

¶10

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

¶11

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 below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of

¶12

Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Pakur in connection with Pakur (Muffasil) P.S. Case No.319 of 2022 corresponding to G.R. No.148 of 2023 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 he will keep and maintain the opposite party No.2 with full honour and dignity as his lawful wife as and when she resumes conjugal life with the petitioner and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

¶13

(Anil Kumar Choudhary, J . )

¶14

Animesh/

Naim Akhtar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Naim Akhtar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Subham Kumar Gupta Alias Subham Gupta Vs the State of Jharkhand

Jahid Khan Alias Sahid Khan Vs the State of Jharkhand

Yashoda Devi Vs the State of Jharkhand

Manmait Devi Vs the State of Jharkhand

Ashish Ram Alias Ashish Kumar Vs the State of Jharkhand

Binay Singh Vs the State of Jharkhand