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Bhuneshwar Hadi Alias Bhuneshwar Kumar Hadi v. the State of Jharkhand

Jharkhand HC21 Oct 2024A.B.A./374/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought by a husband apprehending arrest in a dowry-related complaint case. The complainant-wife reported a mutual-consent divorce settlement with half the agreed payment received. The court granted pre-arrest bail on surrender within four weeks.

What did the court decide?

Anticipatory bail granted: surrender within four weeks; release on Rs. 10,000 bail bond with two sureties of like amount to the satisfaction of J.M.F.C., Dhanbad.

Bhuneshwar Hadi Alias Bhuneshwar Kumar Hadi Vs the State… — Dowry and Cruelty | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 374 of 2024

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Bhuneshwar Hadi @ Bhuneshwar Kumar Hadi, aged about 28 years, S/O Babloo Hadi, R/O Karmatand, P.O + P.S. Baliapur, District- Dhanbad

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..… Petitioner

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Versus

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The State of Jharkhand

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Bandana Kumari, W/O Bhuneshwar Hadi @ Bhuneshwar Kumar Hadi, D/O Ganesh Hadi, R/O Nunudih, B.C.C.L. Colony, P.O. Patherdih, P.S. Sudamdih, District Dhanbad. (Mob 9934546833)

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.....Opposite Parties

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CORAM: HON’BLE MR. JUSTICE ARUN KUMAR RAI

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For the Petitioner : Mr. Pratiush Lala, Advocate For the O.P. No.2 : Mr. Satyam Kumar, Advocate

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07/ 21^st October, 2024

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Petitioner is apprehending his arrest in connection with C.P. Case No. 6352 of 2022 for the offences registered under Sections 498A, 406, 34 of of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act, pending in the court of learned J.M.F.C., Dhanbad.

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Learned counsel for the petitioner has submitted that this is a complaint case in which concerned Court has summoned this petitioner as well as other co-accused person under Section 498A, 323, 341, 504 of Indian Penal Code. He further drew attention of this Court towards the allegation made against this petitioner in the complaint. He also pointed out the presummoning evidence available on record (vide page no.12 and 14 of the present bail application) and submitted that general allegations have been made against petitioner. Upon aforesaid premise prayer for anticipatory bail has been made.

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Mr. Satyam Kumar, learned counsel appeared on behalf of O.P. No.2/complainant/wife and very fairly and honestly submitted before this Court that petitioner and O.P. No.2/ complainant/wife entered into a settlement with petitioner and has filed a petition for divorce by way of mutual consent (under Section 13B of Hindu Marriage Act) and she has received half of the payment what has been agreed between them.

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Learned counsel for the petitioner on query unable to respond to the development as stated by learned counsel for the O.P. No.2/ complainant/wife.

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From perusal of the record, it transpires that in the present case complaint case has been filed and vide order dated 19.02.2022, concerned Court has summoned the accused and two of the co-accused persons under Section 498-A, 323, 341, 504 of the Indian Penal Code.

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Considering the nature of allegation and development as stated by learned counsel for the O.P. No.2/ complainant/wife, 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 J.M.F.C., Dhanbad, in connection with C.P. Case No. 6352 of 2022.

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(Arun Kumar Rai, J.)

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Abhishek/

Bhuneshwar Hadi Alias Bhuneshwar Kumar Hadi v. the State of Jharkhand

Case brief

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Bhuneshwar Hadi Alias Bhuneshwar Kumar Hadi v. the State of Jharkhand

Case brief

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