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Shaibal Chatterjee Alias Dr Shaibal Chatterjee Alias Dr Sebal Chatarjee v. the State of Jharkhand

Jharkhand HC9 Apr 2024A.B.A./51/2024

Case brief

AI extract

What is this about?

Anticipatory bail application by the husband in a Mahila P.S. case under IPC and Dowry Prohibition Act provisions after JHALSA mediation failed, with the wife seeking dissolution and alimony. The court granted anticipatory bail with conditions under Section 438(2) CrPC.

What did the court decide?

Petitioner to surrender within three weeks and be enlarged on bail on Rs.25,000 bail bond with two like sureties, subject to Section 438(2) CrPC conditions.

Shaibal Chatterjee Alias Dr Shaibal Chatterjee Alias Dr… — Dowry and Cruelty | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 51 of 2024

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Shaibal Chatterjee @ Dr. Shaibal Chatterjee @ Dr. Sebal Chatarjee

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… Petitioner

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-Versus-

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The State of Jharkhand

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Manisha Chatterjee … Opposite Parties

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Ankit Apurva, Advocate For the State : Mrs. Amrita Kumari, A.P.P. For O.P. No.2 : Mr. Ritesh Kumar, Advocate

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03/09.04.2024 Heard learned counsel for the petitioner, learned counsel for the State

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and learned counsel for opposite party no.2.

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Vide order dated 12.02.2024, the matter was sent to JHALSA for mediation between the parties. The mediation report is on the record, which suggests that the mediation between the parties has failed.

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The petitioner is apprehending his arrest in connection with Mahila P.S. Case No.23 of 2023, registered for the alleged offence under Section 341, 323, 498-A, 504, 506/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act, pending in the Court of the learned Chief Judicial Magistrate, Gumla.

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Learned counsel for the petitioner submits that the petitioner is the husband and the petitioner is always ready to keep his wife with all dignity, however, in the mediation, the wife has not agreed to reside with the petitioner and she demanded sum of Rs.45 Lakhs for dissolution of marriage.

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Learned counsel for the State opposed the prayer on the ground that the petitioner is the husband.

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-1- A.B.A. No. 51 of 2024

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Learned counsel for opposite party no.2 submits that the wife wants to dissolve the marriage and for that permanent alimony of Rs.20 Lakhs was demanded.

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Considering that the wife is not willing to reside along with the petitioner and for dissolution of marriage and permanent alimony, remedy is elsewhere and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner.

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Accordingly, the above-named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of his arrest or surrender, 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 Chief Judicial Magistrate, Gumla in connection with Mahila P.S. Case No. 23 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Sanjay Kumar Dwivedi, J.)

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Ajay/

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-2- A.B.A. No. 51 of 2024

Shaibal Chatterjee Alias Dr Shaibal Chatterjee Alias Dr Sebal Chatarjee v. the State of Jharkhand

Case brief

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Shaibal Chatterjee Alias Dr Shaibal Chatterjee Alias Dr Sebal Chatarjee v. the State of Jharkhand

Case brief

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