The High Court granted anticipatory bail to the petitioner in a dowry cruelty case, directing surrender within six weeks and imposing conditions to deposit settlement amounts towards his children within the stipulated period.
Grant of anticipatory bail subject to depositing Rs. 64,00,000 as settlement and surrendering within six weeks.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 83 of 2023
Gopal Kumar Sinha … Petitioner Versus
The State of Jharkhand & Anr. … Opposite Parties
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Shailesh , Adv. For the State : Mr. Bishambhar Shastri ,Addl. PP For the O.P.No. 2 : Mr. Satendra Kr. Singh, Adv.
07 / 04.09.2023 Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Ratu P.S. Case No. 44 of 2022 registered under Sections 323, 498A of the Indian Penal Code.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner has treated the opp. Party no. 2 with cruelty. It is then submitted that the allegations against the petitioner are all false and the parties have entered into a compromise. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and also undertakes to deposit Rs. 64,00,000/- by way installments i.e. two demand drafts of Rs. 16,00,000/- each drawn in favour of his daughter Priyanshu Sinha and his son Deep Sinha, respectively at the time of his surrender and to further deposit two demand drafts of Rs. 16,00,000/- each drawn in favour of Priyanshu Sinha and Deep Sinha, respectively within four months of his surrender, hence, the petitioner be given the privilege of anticipatory bail.
The learned Addl. PP and learned counsel for the Opp. Party No. 2 oppose the prayer for anticipatory bail of the petitioner.
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 of learned JMFC, Ranchi within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail provisionally for a period of four months from the date of his surrender on depositing two demand drafts of Rs.16,00,000/- each drawn in favour of Priyanshu Sinha and Deep Sinha and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned JMFC, Ranchi in connection with Ratu P.S. Case No. 44 of 2022 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. In case the petitioner further deposits two demand drafts of Rs.16,00,000/- each drawn in favour of Priyanshu Sinha and Deep Sinha, thereby completing payment of the total amount of Rs. 64,00,000/- on or before four months of the date of his surrender in the learned court below, the provisional bail granted to the petitioner shall be confirmed by the trial court till disposal of the case.
It is made clear that in case of failure of the petitioner to deposit any of the installments as mentioned above, the provisional bail granted to him shall stand cancelled and the trial court shall take appropriate steps for the arrest of the petitioner for facing the trial.
In case of depositing aforesaid demand draft by the petitioner, learned court below is directed to issue notice to the informant and release the demand drafts in her favour on proper identification forthwith.
( ANIL KUMAR CHOUDHARY, J.)
Smita/-
1 issue framed by the court
Whether the petitioner should be granted anticipatory bail in connection with offences under Sections 323 and 498A IPC.
1 provisions across 1 enactments
Gopal Kumar Sinha
The State of Jharkhand
ANIL KUMAR CHOUDHARY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
