Rajat Kumar Barnwal Alias Rajat Kumar Burnwal Vs the… — Dowry and Cruelty | Jharkhand HC (2024)

Rajat Kumar Barnwal Alias Rajat Kumar Burnwal Vs the… — Dowry and Cruelty | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender within three weeks and, on surrender/arrest, be released on bail bonds of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate, Ist Class, Dhanbad, in connection with Kenduadih P.S. Case No. 117 of 2023, subject to Section 438(2) CrPC conditions and not changing his Aadhaar-indicated mobile number.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Kenduadih P.S. Case No. 117 of 2023 (registered under Ss. 498A, 323, 504, 34 IPC and Ss. 3 & 4 Dowry Prohibition Act), pending before the Judicial Magistrate, Ist Class, Dhanbad. +1 more

Court's answer

In the attending facts and circumstances of the case (matter arising out of matrimonial dispute, successful mediation and signed settlement), the Court granted anticipatory bail to the petitioner.

Ratio / Principle

The petitioner was directed to surrender before the learned court within three weeks and, in the event of his surrender/arrest, to be released on bail.

Key takeaways

Release terms fixed: bail bonds of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, Ist Class, Dhanbad, in connection with Kenduadih P.S. Case No. 117 of 2023, subject to Section 438(2) CrPC conditions, and the petitioner shall not change his Aadhaar-indicated mobile number.ratio¶16
Grant of anticipatory bail rested on the mediated settlement: both parties decided to dissolve the marriage by way of one-time alimony of Rs. 6,00,000/-, payable Rs. 1,00,000/- at furnishing of bail bond, Rs. 2,50,000/- at filing of mutual divorce and the remaining Rs. 2,50,000/- at final decree of divorce at Dhanbad.ratio¶10

Detailed headnote1 paragraphs

Anticipatory bail granted (A. B. A. No. 29 of 2024, High Court of Jharkhand at Ranchi, Justice Sanjay Kumar Dwivedi, 24.04.2024) to Rajat Kumar Barnwal @ Rajat Kumar Burnwal, apprehending arrest in Kenduadih P.S. Case No. 117 of 2023, registered under Ss. 498A, 323, 504, 34 IPC and Ss. 3 & 4 of the Dowry Prohibition Act, pending before the Judicial Magistrate, Ist Class, Dhanbad. The matter arises out of a matrimonial dispute; following an order dated 27.02.2024 the matter went to mediation, which proved successful, and both parties signed a settlement agreeing to dissolve the marriage against one-time alimony of Rs. 6,00,000/- (Rs. 1,00,000/- payable at furnishing of bail bond, Rs. 2,50,000/- at filing of mutual divorce, remaining Rs. 2,50,000/- at final decree of divorce at Dhanbad), with the Mediation Report on record. The petitioner was directed to surrender before the learned court within three weeks and, on surrender/arrest, to be released on bail bonds of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate, Ist Class, Dhanbad, subject to conditions under S. 438(2) CrPC and undertaking not to change his Aadhaar-indicated mobile number. Single-judge judgment; no precedents cited; no dissent.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A. B. A. No.29 of 2024

Rajat Kumar Barnwal @ Rajat Kumar Burnwal ...... … Petitioner Versus

The State of Jharkhand & Anr.

.…. … Opposite Parties

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mr. Sidharth Sudhanshu, Advocate For the State : Mr. Arup Kr. Dey, A.P.P. For the O.P. No.2 : Mr. Arun Kumar, Advocate

04/ 24.04.2024 : Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant.

The petitioner is apprehending his arrest in connection with Kenduadih P.S. Case No. 117 of 2023, registered under sections 498A, 323, 504, 34 of I.P.C and under section 3 and 4 of Dowry Prohibition Act, pending in the Court of learned Judicial Magistrate, Ist Class, Dhanbad.

Learned counsel for the petitioner submits that the petitioner is husband of informant. He submits that by order dated 27.02.2024 the matter was sent for mediation and pursuant to that mediation has taken place and mediation is successful. He submits that both parties have decided to dissolve the marriage by way of one time alimony of Rs. 6,00,000/-. He submits that it has been agreed between the parties that Rs. 1,00,000/-will be paid at the time of furnishing bail bond, Rs. 2,50,000/- will be paid by the petitioner at the time of filing of mutual divorce and rest amount of Rs. 2,50,000/- will be paid to the informant at the time of final decree of divorce at Dhanbad.

Learned counsel for the State submits that the matter is arising out of matrimonial dispute.

Learned counsel for the informant submits that settlement is there and both the parties have signed the settlement.

Mediation Report is on record wherein terms and conditions are there as submitted by the learned counsel for the petitioner and accepted by the learned counsel for the informant.

In the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the above named petitioner is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner

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shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, Ist Class, Dhanbad, in connection with Kenduadih P.S. Case No. 117 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure and the petitioner will not change his mobile number which is indicated in his Aadhar.

( Sanjay Kumar Dwivedi, J.)

satyarthi-

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