Allowed

Jay Prakash Thakur v. the State of Jharkhand

Jharkhand HC21 Dec 2023A.B.A./6663/2022

Case brief

AI extract

What is this about?

The Single Judge allowed the anticipatory bail of Jai Prakash Thakur, apprehending arrest in a matrimonial cruelty case involving sections related to dowry and violent attempts. The court directed surrender within two weeks and compliance with Cr.P.C. conditions.

What did the court decide?

Anticipatory bail allowed; petitioner directed to surrender within two weeks and furnish bail bond of Rs. 25,000 with two sureties.

Jay Prakash Thakur Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 6663 of 2022

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Jai Prakash Thakur .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Lila Kumari .... .... .... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Petitioner : Mr. Gautam Kumar, Advocate For the State : Ms. Anuradha Sahay, A.P.P.

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Order No.05 / Dated : 21.12.2023

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The anticipatory bail application filed on behalf of petitioner, who is apprehending his arrest in connection with Rajmahal P.S. Case No. 100 of 2022 for the offence registered under Sections 341, 323, 307, 504,506, 498A of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act pending in the Court of learned Sub Divisional Judicial Magistrate, Rajmahal, is pressed into motion.

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As per the prosecution case, the informant was married to the petitioner on 20.03.2022 and the marriage was duly registered also. After marriage, she came to her matrimonial home. It is alleged that unlawful demand of Rs.1,50,000/- was made and on her inability to pay the amount, she was subjected to cruelty. It is also alleged that she was abused and attempt on her life was made by dragging her by towel in her neck. In this way, she was ousted from the matrimonial home.

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It is submitted by the learned counsel on behalf of the petitioner that offence under Section 307 of the Indian Penal Code will not be made out as there is no supportive medical evidence of any injury sustained by the informant. As a matter of fact, the petitioner is poor barber and there was no question of making any such demand.

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Learned A.P.P. has opposed the prayer for bail.

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Considering the submissions made, the anticipatory bail application is allowed. Accordingly, the petitioner, above named, is directed to surrender before the learned Trial Court within a period of two weeks and in the event of his arrest or surrender, he shall be released on bail on furnishing bail bond of Rs.25,000/(Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of the Court below, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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The petitioner will co-operate with the investigation and will appear under Section 41A Cr.P.C. as and when required and comply with the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Gautam Kumar Choudhary, J . )

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Anit

Jay Prakash Thakur v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Jay Prakash Thakur v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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