The High Court of Jharkhand granted anticipatory bail to the petitioner in a prosecution under Section 498-A IPC, directing his surrender within two weeks.
Anticipatory bail granted; petitioner directed to surrender within two weeks and furnish bail bond of Rs. 25,000 with two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 786 of 2023
Mithilesh Kumar @ Lali
… … Petitioner - Versus -
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
For the Petitioner : M/s. S. P. Sinha, Advocate For the State : M/s. Someshwar Roy, A.P.P
05/05.04.2023 Heard the Parties.
Petitioner is apprehending his arrest in connection with C.P. Case No. 3008/2017, registered under Section 498-A of the Indian Penal Code, pending in the Court of Miss Sangeeta, learned J.M.F.C., Dhanbad.
Notice was issued for the appearance of the opposite party number 02, the service report is on the record, it has been reported that opposite party number 02 does not reside at the given address.
Learned lawyer appearing for the petitioner submitted that the address stated in the envelope of registered post was the same which has been stated in the complaint petition. Accordingly, this matter is being disposed of after hearing the learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is the husband of the opposite party number 02. It is alleged that after 02 months of the marriage there was demand of dowry and to enforce the demand the opposite party number 02 was tortured and ultimately, she was driven away from her matrimonial home.
It was submitted that the petitioner had filed an application under section 9 of the Hindu Marriage Act for Restitution of Conjugal Rights and his suit was decreed on 23.06.2018. It was further submitted that the opposite party number 02 has not sustained any injury at the hand of the
petitioner.
Regard being had to the facts and circumstance of the case; I am inclined to extend the privilege of Anticipatory Bail to the petitioner. He is directed to surrender before the court below within two weeks from the date of receipt of copy of this order and learned court below on his surrender shall release him on bail on furnishing bail bond of Rs. 25,000/- (Twenty five Thousand only) with two sureties of the like amount each to the satisfaction of Miss Sangeeta, learned J.M.F.C., Dhanbad or her successor in connection with C.P. Case No. 3008/2017, Subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Ambuj Nath, J.)
Saurabh
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case under Section 498-A IPC requiring him to surrender within two weeks.
1 provisions across 1 enactments
Mithilesh Kumar @ Lali
The State of Jharkhand
Rekha Kumari
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
