Allowed

Santosh Prasad Mahato v. the State of Jharkhand

Jharkhand HC17 Oct 2024A.B.A./1863/2024

Case brief

AI extract

What is this about?

Anticipatory bail application in a matrimonial dispute case under Sections 341, 323, 325, 498-A IPC. Parties had settled amicably before the District Mediation Centre and resumed living together; the court granted pre-arrest bail subject to CrPC section 438(2) conditions.

What did the court decide?

Anticipatory bail granted: surrender within four weeks; release on Rs. 10,000 bail bond with two sureties, subject to Section 438(2) CrPC conditions.

Santosh Prasad Mahato Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1863 of 2024

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Santosh Prasad Mahato, aged about 41 years, son of Late Hari Prasad Mahato, resident of village & P.O. Ramakunda, P.s. Topchanchi, Dist- Dhanbad, Jharkhand. ..… Petitioner

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Versus The State of Jharkhand .....Opposite Party

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--------- CORAM: HON’BLE MR. JUSTICE ARUN KUMAR RAI

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--------For the Petitioner : Mr. P.K. Mukhopadhyay, Advocate For the State : Mr. Anup Kr. Dey, APP For the O.P. No.2 : Mr. Niranjan Singh, Advocate

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07/ 17^th October, 2024

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Learned counsel for the petitioner and learned A.P.P. for the State as well as learned counsel for the O.P. No.2 are present before this Court.

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Petitioner is apprehending his arrest in connection with Topchanchi P.S. Case No. 137 of 2022 for the offences registered under Sections 341, 323, 325, 498-A of the Indian Penal Code, pending in the court of learned Chief Judicial Magistrate, Dhanbad.

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Learned counsel for the petitioner as well as learned counsel for the O.P. No.2 jointly submitted before this Court that the matter has been amicably settled between them before District Mediation Centre, Dhanbad and now both the parties started residing happily under the same roof.

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However, learned counsel for the O.P. No.2 pointed out that this is a third round of litigation between the parties.

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This Court finds that this is a case which has been lodged by O.P. No.2/ wife under Section 341, 323, 325, 498-A of the Indian Penal Code against the petitioner. Careful perusal of agreement arrived at between the parties before the District Mediation Centre, Dhanbad reveal that parties have agreed on certain terms and conditions.

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Considering the fact that it is a matrimonial discord between the parties and parties entered into settlement, this Court is inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, petitioner, above named, is directed to surrender before the learned trial Court within four weeks from the date of receipt of a copy of this order and the learned trial Court on his surrender, shall release him on bail on furnishing bail

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bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Dhanbad, in connection with Topchanchi P.S. Case No. 137 of 2022, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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It is required to be noted that petitioner as well as O.P. No.2 is expected to stick to their words what they have made before mediation centre and that has been contained in the agreement dated 27.09.2024.

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(Arun Kumar Rai, J.)

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Abhishek/

Santosh Prasad Mahato v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Santosh Prasad Mahato v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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