Petitioner sought anticipatory bail in a complaint case alleging Section 498-A IPC offences. The Court granted bail subject to surrender within four weeks and specific conditions.
Anticipatory bail granted; petitioner directed to surrender within four weeks and furnish bond of Rs.20,000 with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.6542 of 2022
------ Mithlesh Singh .... .... …. Petitioner Versus 1. The State of Jharkhand .... .... 2. Kajal Devi ....Opposite Parties ------
Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
-----For the Petitioner : Mr. Jitendra Tripathi, Advocate For the State : Mr. S.P. Jha, Addl.P.P For the O.P. No.2 : Mr. Suraj Singh, Adv.
------
Order No.09 Dated- 16.01.2023
Heard learned counsel for the parties.
Apprehending his arrest in connection with Complaint Case No. 2484 of 2019 instituted under Sections 498-A of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail.
It is alleged that the marriage of complainant was solemnized with petitioner in the year 2018 but after some time of marriage, petitioner along with other family members started physically and mentally torturing the complainant and tried to kill her by pouring kerosene oil upon her, but she succeeded in saving her life.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all as alleged in the complaint petition. It further appears from the record that both the parties have settled their dispute in the JHALSA, Ranchi and they have no grievance with each other. Petitioner undertakes to co-operate with the trial of the case and also abide by all terms and conditions as agreed by him in the JHALSA, Ranchi. Hence, the petitioner may be extended the privilege of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court 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/- (Twenty thousand) with two sureties of the like amount
each to the satisfaction of learned J.M.1st Class, Dhanbad in connection with Complaint Case No. 2484 of 2019 and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Pradeep Kumar Srivastava, J.)
Pappu/
1 issue framed by the court
Whether anticipatory bail could be granted to the petitioner in a complaint case alleging dowry harassment and torture under Section 498-A IPC?
1 provisions across 1 enactments
Mithlesh Singh
The State of Jharkhand
Kajal Devi
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
