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MD Khusahal Khan v. the State of Jharkhand

Jharkhand HC2 May 2024A.B.A./4625/2023

Case brief

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What is this about?

This judgment grants anticipatory bail to the petitioner in a police case regarding matrimonial dispute and dowry allegations. The court orders the petitioner to surrender within four weeks and comply with settlement terms meditated at JHALSA.

What did the court decide?

Anticipatory bail granted subject to surrender within four weeks, furnishing bail bond, and complying with mediation settlement terms.

MD Khusahal Khan Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4625 of 2023

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Md. Khusahal Khan @ Md. Khushhal Khan ….. Petitioner Versus 1. The State of Jharkhand 2. Gulposh Khatoon ….. Opp. Parties --------CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA -------- For the Petitioner : Mr. Awanish Shekhar, Advocate. For the State : Mr. Manoj Kumar Mishra, A.P.P. For the O.P. No. 2 : Mr. Shahid Khan, Advocate. ---------

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Order No. 06/Dated: 02^nd May, 2024

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Heard learned counsel for the parties.

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Apprehending his arrest in connection with P.C.R. Case No. 312 of 2022 registered under Sections 498-A, 379, 323, 504, 34 of the I.P.C. and Section 3/4 of the Dowry Prohibition Act, the petitioner has moved to this Court for grant of privilege of anticipatory bail.

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As per the complaint, the allegation against the petitioner is that she was married with the petitioner on 27.03.2018 according to Muslim rites and rituals and after the marriage of one year, the petitioner started demanding Apache motorcycle as additional dowry due to nonfulfillment of the same, she was subjected to assault for unlawful demand and ultimately, she was driven out from her matrimonial home.

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Learned counsel for the petitioner has submitted that with the consent of both the parties, matter was sent to mediation center, JHALSA for settlement of matrimonial dispute between the petitioner and his wife (complainant). It is further submitted that matter is settled on the terms and conditions. One of the main condition is that petitioner will pay Rs.4 Lakhs to the complainant in 12 months within a period of one year from the date of settlement i.e., 14.09.2023 and petitioner is paying two cheques bearing no. 424604 and 424603 of Rs.80,000/- and Rs.20,000/- respectively and rest amount shall be paid within the stipulated time. Petitioner undertakes to cooperate in

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investigation and abide all terms and condition, as imposed by this Court, in case of granting anticipatory bail to this petitioner. Hence, petitioner may be enlarged on anticipatory bail.

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Learned APP appearing for the State assisted by learned counsel for the opposite party no. 2/complainant has submitted that he has no objection if complies the terms and conditions in letter and spirit arrived at the mediation center, JHALSA within the stipulated time. It appears that in terms of order dated 16.08.2023, the matter was referred to JHALSA, Ranchi and in course of mediation, both the parties have agreed to settle their dispute. Mediation report dated 14.09.2023 reveals that the mediation was successful.

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Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record, I am inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court 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.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Madhupur at Deoghar in connection with P.C.R. Case No. 312 of 2022 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and also file an undertaking that petitioner will comply with the terms and conditions of the settlement letter and spirit within the stipulated time failing which the consent Trial Court shall take necessary steps against the petitioner.

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(Pradeep Kumar Srivastava, J.)

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Sachin-Simran/

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MD Khusahal Khan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

MD Khusahal Khan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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