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Paigam Azad v. the State of Jharkhand

Jharkhand HC17 Jan 2023A.B.A./8014/2022

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner facing prosecution under Sections 498-A, 323, 494, 506, and 379 IPC for alleged dowry harassment and assault. The court directed surrender and bail conditions including an undertaking to comply with settlement terms.

What did the court decide?

Petitioner granted anticipatory bail ordered to surrender within four weeks and furnish bail bond of Rs. 20,000 with two sureties.

Paigam Azad Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.8014 of 2022

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Paigam Azad .... .... …. Petitioner

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Versus 1. The State of Jharkhand .... .... 2. Murija Khatoon ....Opposite Parties ------

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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-----For the Petitioner : Mr. Yogesh Modi, Advocate For the State : Mr. Rakesh Ranjan, Addl.P.P For the O.P. No.2 : Mr. Sudhir Kr. Roy, Adv.

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Order No.05 Dated- 17.01.2023

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Heard learned counsel for the parties.

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Apprehending his arrest in connection with CC No. 1221 of 2019 instituted under Sections 498-A, 323, 494, 506 and 379 of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail.

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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 family members started demanding Rs.2 lakhs cash as additional dowry from the complainant. Due to non-fulfillment of the aforesaid demand, the complainant was physically and mentally tortured and harassed at the hands of the petitioner. It is further alleged that petitioner conspired to administer poison in her food and thereafter she came to know that petitioner has solemnized second marriage.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all as alleged in 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 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.

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

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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

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Court within four weeks from today and in the event of his arrest or surrendering, petitioner will be enlarged on bail by giving an undertaking before the court below with respect to the terms and conditions agreed by him before the Mediation Centre, JHALSA, Ranchi, on furnishing bail bond of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Giridih in connection with No. 1221 of 2019 and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Pradeep Kumar Srivastava, J.)

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Pappu/

Paigam Azad v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Paigam Azad v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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