Upendra Giri v. the State of Jharkhand

Jharkhand HC22 Oct 2024A.B.A./1980/2023

Case brief

AI extract

What is this about?

Upendra Giri v. State of Jharkhand & Anr., A.B.A. No. 1980 of 2023, High Court of Jharkhand at Ranchi; anticipatory bail; R.I.T. P.S. Case No. 50 of 2022; Sections 341, 323, 498A, 504, 506 IPC; 3/4 D.P. Act; dowry demand; cruelty; S.D.J.M. Seraikella; mediation report 15.10.2024 unsuccessful; bail bond Rs. 10,000 with two sureties; section 438(2) CrPC conditions; Arun Kumar Rai, J.; decided 22nd October, 2024.

What did the court decide?

Anticipatory bail granted: petitioner to surrender before the learned trial court within four weeks and, on surrender, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned S.D.J.M., Seraikella, subject to conditions under section 438(2) CrPC. ¶¶18

Upendra Giri Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1980 of 2023

¶2

Upendra Giri, Son of Late Girija Giri, aged about 33 years, resident of Neamatpur, P.O. Sitarampur, P.S. Kulti Dist- West Bardman, West Bengal

¶3

..… Petitioner

¶4

Versus

¶5

The State of Jharkhand

¶6

Reena Kumari, wife of Upendra Giri, daughter of Wakil Bharti, resident of Road No. 24, behind Shive Mandir, Adityapur 02, P.O. Adityapur, P.S. R.I.T., Dist- Seraikella Kharsawan.

¶7

.....Opposite Parties

¶8

---------

¶9

CORAM: HON’BLE MR. JUSTICE ARUN KUMAR RAI

¶10

--------For the Petitioner : Mr. Jitendra Nath Upadhyay, Advocate : Mrs. Juhi Kumari, Advocate : Mr. Mayank Kumar, Advocate : Mr. Rahul Kumar, Advocate For the State : Mr. Gautam Rakesh, APP For the O.P. No.2 : Mr. Rohit Agarwal, Advocate

¶11

10/ 22^nd October, 2024

¶12

Mediation report dated 15.10.2024 reveals that mediation between the parties is not successful.

¶13

Petitioner is apprehending his arrest in connection with R.I.T. P.S. Case No. 50 of 2022 for the offences registered under Sections 341, 323, 498A, 504, 506, of the Indian Penal Code and 3/4 of D.P. Act, pending in the court of learned S.D.J.M., Seraikella.

¶14

Learned counsel for the petitioner at the outset submitted that efforts of reconciliation has taken on behalf of petitioner so that petitioner and O.P. No.2/ informant/ wife could reside under the same roof, but it is not successful at this stage. He further pointed out that there is general and omnibus allegation against this petitioner and petitioner undertakes that he shall appear on each and every date of hearing before Court concerned. Upon aforesaid premise prayer for anticipatory bail has been made.

¶15

Learned APP appearing for the State and learned counsel for the O.P. No.2/ informant/ wife have opposed the prayer of anticipatory bail and submitted that there is specific allegation, regarding demand of dowry and inflicting cruelty by the hand of this petitioner, is available on record.

¶16

From perusal of the record, it transpires that allegation of demand of

¶17

dowry and bad treatment by the hand of this petitioner has been levelled by O.P. No.2/ informant/ wife. Admittedly marriage is of year 2017 whereas this F.I.R. has been lodged in the year 2022.

¶18

Considering the totality of facts and circumstances of the case, 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 bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each, to the satisfaction of learned S.D.J.M., Seraikella, in connection with R.I.T. P.S. Case No. 50 of 2022, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

¶19

(Arun Kumar Rai, J.)

¶20

Abhishek/

Upendra Giri v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Upendra Giri v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Bhuneshwar Hadi Alias Bhuneshwar Kumar Hadi Vs the State of Jharkhand

Ajmat Ansari Alias Kismat Ansari Vs the State of Jharkhand

Sandeep Kumar Alias Sandeep Kumar Gupta Alias Banti Vs the State of Jharkhand

Suresh Kumar Mandal Vs the State of Jharkhand

Salamat Ansari Vs the State of Jharkhand

Devi Saw Vs the State of Jharkhand