Sandeep Kumar Alias Sandeep Kumar Gupta Alias Banti Vs… — Dowry and Cruelty | Jharkhand HC (2024)

Sandeep Kumar Alias Sandeep Kumar Gupta Alias Banti Vs… — Dowry and Cruelty | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner directed to surrender before the learned court below within four weeks of receipt of a copy of the order and, on surrender, to be released on bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M., Koderma, subject to the conditions under section 438(2) CrPC.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner apprehending arrest in connection with Telaiya P.S. Case No. 265 of 2023 (Sections 341, 323, 379, 498A/34 IPC; Section 3/4 of the Prohibition of Dowry Act), a matrimonial-dispute prosecution pending before the learned A.C.J.M., Koderma.

Court's answer

The Court found it a fit case for grant of anticipatory bail: the matter is a matrimonial dispute between both sides and nothing has been pointed out showing why custodial interrogation or custodial trial of the petitioner is required.

Key takeaways

On the parties' conduct in JHALSA mediation (appearance on only one of six dates), the Court observed that at this stage reconciliation between them is not possible.obiter¶15

Detailed headnote1 paragraphs

Anticipatory bail granted (A.B.A. No. 1450 of 2024, High Court of Jharkhand, Ranchi; Arun Kumar Rai, J.; 21st October, 2024). Petitioner apprehended arrest in Telaiya P.S. Case No. 265 of 2023 (Sections 341, 323, 379, 498A/34 IPC; Section 3/4 of the Prohibition of Dowry Act) pending before learned A.C.J.M., Koderma, arising from allegations of dowry-demand cruelty with family members after the birth of a daughter to the informant and circulation of objectionable remarks. During pendency, JHALSA mediation failed (one appearance across six dates) and the Court observed reconciliation was not possible at this stage. Finding it a matrimonial dispute and noting nothing indicated a need for custodial interrogation or custodial trial, the Court held it a fit case for anticipatory bail: surrender within four weeks, release on bail bonds of Rs. 25,000/- with two sureties of the like amount each, subject to section 438(2) CrPC conditions.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1450 of 2024

Sandeep Kumar @ Sandeep Kumar Gupta & Banti, aged about 38 years, son of Muneshwar ram Munna, resident At +P.O. Dumari, P.S. Dumari, Dist. Giridih Petitioner Versus ..… Petitioner

Versus

The State of Jharkhand

Gautmi Kumari, wife of Sandeep Kumar @ Sandeep Kumar Gupta @ Banti, presently residing at Gauri Shankar Mohalla, Teliya, P.O. & P.S. Telaiya, Dist. Koderma ..... Opposite Parties

CORAM: HON’BLE MR. JUSTICE ARUN KUMAR RAI

--------For the Petitioner : Mr. Rajesh Kumar, Advocate For the State : Mrs. Anuradha Sahay, APP For the Informant : None

07/ 21^st October, 2024

Petitioner is apprehending his arrest in connection with Telaiya P.S. Case No. 265 of 2023 for the offences registered under Sections 341, 323, 379, 498A/34 of the Indian Penal Code and Section 3/4 of the Prohibition of Dowry Act, pending in the court of learned A.C.J.M, Koderma.

Allegation has been made against this petitioner that he along with his other family members inflicted cruelty by making demand of dowry and other household articles after the birth of daughter to informant and he even circulated objectionable comment/remarks against informant and her other family members.

Learned counsel for the petitioner claims innocence of petitioner by drawing attention of this Court towards annexure 2 of present anticipatory bail application and submitted that it is informant who is not ready to live with this petitioner.

The learned APP opposed the prayer of anticipatory bail of the petitioner.

Heard the parties and perused the records.

During pendency of present anticipatory bail application parties were sent to JHALSA for the purpose of mediation but both sides chosen not to appear on six dates but had only appeared on one date for the purpose of mediation. This conduct of both sides speaks that at this stage reconciliation between them is not possible.

7. This Court has gone through other materials available on record. Considering the fact that it is a matrimonial dispute between both the sides and nothing has been pointed out that why custodial interrogation/custodial trial of petitioner is required, this Court find it a fit case for grant of anticipatory bail to the petitioner. Accordingly, petitioner, above named, is directed to surrender before the learned Court below within four weeks from the date of receipt of a copy of this order and the learned court below on his surrender, shall release him on bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five thousand) with two sureties of the like amount each, to the satisfaction of learned A.C.J.M, Koderma in connection with Telaiya P.S. Case No. 265 of 2023 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arun Kumar Rai, J.)

Rajnish