Ranvir Singh Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2024)

Ranvir Singh Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to surrender within three weeks and, upon surrender/arrest, to be released on bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Ranchi, subject to the conditions under section 438(2) of the Code of Criminal Procedure.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Complaint Case No.4872 of 2022 under sections 498A, 323 r/w 34 of the IPC pending before the Chief Judicial Magistrate, Ranchi, is entitled to the privilege of anticipatory bail.

Court's answer

On the facts that the petitioner had informed Hindpiri police station that O.P.No.2 left the matrimonial house of her own will, that the photograph at annexure-5 suggested she was in a relationship with another man, and that the discharge sheet disclosed the husband's name as Anand Vishwakarma while the petitioner is Ranvir Singh, the court was inclined to extend the privilege of 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 surrender/arrest he shall be released on bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Ranchi, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Anticipatory bail — granted. Petitioner apprehended arrest in Complaint Case No.4872 of 2022, offences under sections 498A, 323 r/w 34 IPC, pending before the learned Chief Judicial Magistrate, Ranchi. The court noted that the petitioner had filed a sanha before Hindpiri police station stating that O.P.No.2 had left the matrimonial house of her own wish on 7.10.2021; the photograph at annexure-5 suggested she was in a relationship with another man; and the discharge sheet disclosed the husband's name as Anand Vishwakarma whereas the petitioner is Ranvir Singh. On these facts the privilege of anticipatory bail was extended: the petitioner was directed to surrender within three weeks and, on surrender/arrest, to be released on bail on a bond of Rs.25,000/- with two like sureties, subject to the conditions under section 438(2) of the Code of Criminal Procedure.

IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4063 of 2023

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Ranvir Singh .... Petitioner

-- Versus -- The State of Jharkhand and Another .... Opposite Party

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioner :- Mr. Saket Anand, Advocate through V.C. Mr. Pratyush Shounikya, Advocate For the State :- Mr. Bishambhar Shastri, Advocate For the O.P.No.2 :- Mr. P.C. Sinha, Advocate ----

3 /01.03.2024 Heard Mr. Saket Anand the learned counsel for the petitioner through Video Conferencing as well as the learned counsel for the respondent State and the learned counsel for the O.P.No.2.

The petitioner is apprehending his arrest in connection with Complaint Case No.4872 of 2022, for the offence registered under sections 498A, 323 r/w 34 of the IPC, pending in the court of learned Chief Judicial Magistrate, Ranchi.

Learned counsel for the petitioner submits that the petitioner is husband of the O.P.No.2 and by annexure-2 he has filed sanha before Hindpiri police station submitting that O.P.No.2 has left the house of her own wish on 7.10.2021 and thereafter she was residing with Anand Vishwakarma and while she was in relationship she has also been blessed with one child and the discharge sheet is contained in annexure-4.

Learned State counsel opposed the prayer on the ground that allegations are there.

Considering that the petitioner has informed Hindpiri police station about her leaving the matrimonial house on her own will and the photograph at annexure-5 further suggest that she was in relationship with another man and in discharge sheet it discloses that the name of the husband is Anand Vishwakarma and the petitioner is Ranvir Singh, and in the attending facts and circumstances, I am inclined to provide privilege of anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is hereby directed to surrender before the learned court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Ranchi, in connection with Complaint Case No.4872 of 2022, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

( Sanjay Kumar Dwivedi, J.)

SI/