MD Riyaz Hussain Siddiqui Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2024)

MD Riyaz Hussain Siddiqui Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender in the Court below within four weeks and, on arrest or surrendering, to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Madhupur in connection with P.C.R. Case No. 185 of 2021, with an undertaking regarding compliance of the settlement terms and subject to the conditions under Section 438(2) of the Code of Criminal Procedure.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with P.C.R. Case No. 185 of 2021 (cognizance under Section 498(A) IPC and Section 3/4 Dowry Prohibition Act), should be granted the privilege of anticipatory bail.

Court's answer

Considering the facts and circumstances of the case and the settlement between the parties before the mediation center, JHALSA, the Court granted the privilege of anticipatory bail to the petitioner.

Ratio / Principle

The petitioner is directed to surrender in the Court below within four weeks.

Key takeaways

In the event of his arrest or surrendering, the petitioner will be enlarged on bail on furnishing a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of learned S.D.J.M., Madhupur, in connection with P.C.R. Case No. 185 of 2021.ratio¶17
The grant of bail is conditioned on the petitioner filing an undertaking at the time of furnishing the bail bond regarding compliance of the terms and condition agreed at the time of settlement, and is subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.ratio¶17

Detailed headnote1 paragraphs

Anticipatory bail granted (Order No. 04 dated 11.03.2024, High Court of Jharkhand at Ranchi — Pradeep Kumar Srivastava, J.) in A.B.A. No. 2211 of 2023 to Md. Riyaz Hussain Siddiqui @ Md. Riyaz, apprehending arrest in P.C.R. Case No. 185 of 2021 instituted under Sections 323, 504, 328, 498A of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act, cognizance having been taken under Section 498(A) of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act, in view of the settlement of the dispute between the parties before the mediation center, JHALSA. Petitioner directed to surrender within four weeks; on arrest or surrendering, to be enlarged on bail on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Madhupur, subject to filing of an undertaking regarding compliance of the settlement terms and to the conditions under Section 438(2) of the Code of Criminal Procedure.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 2211 of 2023

Md. Riyaz Hussain Siddiqui @ Md. Riyaz …… Petitioner

Versus

The State of Jharkhand

Najiya Khatoon ……Opposite parties

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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner : Mr. Ashutosh Pd. Joshi, Advocate For the State : Mr. Achinto Sen, A.P.P. For the O.P. No.2 : Mr. Shahid Yunus, Advocate

Learned counsel for the petitioner requested to argue through online mode. Request accepted and he joined through V.C. while learned counsel for the opposite parties were present (Physically) before the Court. There is no complaint regarding audio and video quality.

Order No.04/ Dated:11.03.2024

Heard learned counsel for the parties.

Apprehending his arrest in connection with P.C.R. Case No. 185 of 2021 instituted under Sections 323, 504, 328, 498A of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act for which cognizance has been taken under Section 498(A) of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act, the petitioner has moved to this Court for grant of privilege of anticipatory bail.

Learned counsel for the petitioner has submitted that both the parties have settled their dispute before the mediation center, JHALSA. Hence, the petitioner may be extended the privilege of anticipatory bail.

Considering the facts and circumstances of this case and also in view of settlement between the parties, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond

of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Madhupur in connection with P.C.R. Case No. 185 of 2021 with the condition that petitioner shall file an undertaking at the time of furnishing bail bond regarding the compliance of terms and condition at the time of settlement and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Pradeep Kumar Srivastava, J.)

R.K/