Rohit Sao Alias Rohit Shaw Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2024)

Rohit Sao Alias Rohit Shaw Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioners to surrender before the learned Trial Court within two weeks and, on arrest or surrender, be released on bail on a bond of Rs.25,000/- each with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions, with further direction to co-operate with investigation and appear under Section 41A Cr.P.C. as and when required.

Issue for consideration

Whether the petitioners, who are apprehending their arrest in connection with Nagar Untari P.S. Case No. 15 of 2023, are entitled to anticipatory bail.

Court's answer

The anticipatory bail application is allowed; the petitioners are directed to surrender before the learned Trial Court within two weeks and, in the event of their arrest or surrender, shall be released on bail on furnishing a bail bond of Rs.25,000/- each with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C.

Ratio / Principle

As a condition, the petitioners shall co-operate with the investigation, appear under Section 41A Cr.P.C. as and when required, and comply with the conditions laid down under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL — Jharkhand High Court allowed A.B.A. No. 2782 of 2023 filed by two petitioners apprehending arrest in Nagar Untari P.S. Case No. 15 of 2023, registered under Sections 406, 420, 385, 323, 506, 509 and 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, pending before the learned Additional Chief Judicial Magistrate, Nagar Untari, Garhwa. Counsel submitted that the matter involved failure of a marriage negotiation after engagement, that whatever amount had been received was refunded to the informant's bank account, and that the amount taken was not dowry; the Special P.P. opposed, contending receipt of the amount evidenced a dowry demand. The Court allowed the application, directing surrender within two weeks and release on bail on a bond of Rs.25,000/- each with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions, and requiring cooperation with investigation and appearance under Section 41A Cr.P.C. as and when required.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 2782 of 2023

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Rohit Sao @ Rohit Shaw 2. Abha Sao @ Abha Shaw .... .... …. Petitioners Versus 1. The State of Jharkhand 2. Ritik Kumar .... .... .... Opp. Parties CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioner : Mr. Indrajit Sinha, Advocate For the State : Mr. Vineet Kumar Vashistha, Special P.P. For the O.P. No.2 : Mr. Sabyasanchi, Advocate

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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Order No.06 Dated :25.01.2024

The anticipatory bail application filed on behalf of petitioners, who are apprehending their arrest in connection with Nagar Untari P.S. Case No. 15 of 2023 for the offence registered under Sections 406, 420, 385, 323, 506, 509 and 34 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act pending in the Court of learned Additional Chief Judicial Magistrate, Nagar Untari, Garhwa, is pressed into motion.

It is submitted by the learned counsel on behalf of the petitioners that the matter involves failure of marriage negotiation after the engagement between sister of informant and petitioner no.1. Whatever amount had been received, has been refunded to the Bank Account of the informant. It is submitted that dishonest intention to defraud or commit criminal breach of trust, is the essence of the offence and for one reason or other, the settlement failed and unfortunately, marriage could not be solemnized. Amount taken was not dowry.

Learned Special P.P. assisted by learned counsel on behalf of informant have vehemently opposed the prayer for anticipatory bail application. It is submitted that the receipt of amount and receiving the same is evidence of making the dowry demand.

Considering the submissions made, the anticipatory bail application is allowed. Accordingly, the petitioners, above named, are directed to surrender before the learned Trial Court within a period of two weeks and in the event of their arrest or surrender, they shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties of the like amount each to the satisfaction of the Court below, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The petitioners will co-operate with the investigation and will appear under Section 41A of Cr.P.C. as and when required and comply with the conditions as laid down under Section 438(2) of the Cr.P.C.

(Gautam Kumar Choudhary, J . )

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