Shambhu Nath Prasad Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2025)

Shambhu Nath Prasad Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Privileges of anticipatory bail granted to all four petitioners: surrender within six weeks; enlargement on bail on arrest/surrender on furnishing bail bond of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bermo at Tenughat, subject to cooperation with investigation, furnishing mobile number and Aadhaar copy with undertaking not to change the mobile number, and conditions under Section 482(2) BNSS 2023.

Issue for consideration

Whether the petitioners, apprehending arrest in Bermo Mahila P.S. Case No.12 of 2024 (Sections 85/109/74/3(5) B.N.S. 2023 and Section 3/4 Dowry Prohibition Act), should be granted the privileges of anticipatory bail.

Court's answer

Anticipatory bail granted: petitioners directed to surrender in the Court below within six weeks, and in the event of arrest or surrender to be enlarged on bail on a bail bond of Rs.25,000/- each with two sureties of the like amount each, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bermo at Tenughat.

Ratio / Principle

Bail made subject to the conditions that the petitioners will cooperate with the investigation, appear before the investigating officer as and when noticed, and furnish their mobile number and photocopy of the Aadhar Card with an undertaking not to change the mobile number during the pendency of the case.

Key takeaways

The petitioners are further bound by the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.ratio¶19

Detailed headnote1 paragraphs

Anticipatory bail – granted. High Court of Jharkhand at Ranchi (Anil Kumar Choudhary, J.), by order dated 22-01-2025 in A.B.A. No.250 of 2025, allowed the prayer of four petitioners (a family including the parents-in-law side of the informant's husband) apprehending arrest in Bermo Mahila P.S. Case No.12 of 2024 instituted under Sections 85/109/74/3(5) of the B.N.S., 2023 and Section ¾ of the Dowry Prohibition Act, alleging cruelty, use of criminal force with intent to outrage modesty and attempted murder in furtherance of common intention. Counsel for the petitioners contended the allegations were false, general and omnibus, that the main allegation was against the husband of the informant who is not a petitioner, and undertook cooperation with the investigation; the Additional P.P. opposed. The Court, considering the submissions and the facts and circumstances, directed the petitioners to surrender within six weeks and, on arrest or surrender, to be enlarged on bail on furnishing a bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bermo at Tenughat, on conditions of cooperation with the investigation, appearance before the investigating officer as and when noticed, furnishing mobile number and photocopy of Aadhar Card with an undertaking not to change the mobile number during the pendency of the case, and further conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.250 of 2025

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Shambhu Nath Prasad, aged about 68 years, son of Shew Narayan Prasad

Chandravati Devi, aged about 62 years, wife of Shambhu Nath Prasad

Kanchan Kumar Prasad @ Kanchan Prasad, aged about 35 years, son of Shambhu Nath Prasad

Khushbu Prasad @ Khusbu, aged about 29 years, wife of Kanchan Kumar Prasad

All residents of 153, Sukanta Place, 3^rd Bay Lane, Santragachi, Balimath, Bagsara, P.O. & P.S.-Bagsara, Dist.-Howrah, West Bengal .... .... …. Petitioners

Versus

The State of Jharkhand .... .... .... Opposite Party

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

------ For the Petitioners : Mr. Anil Kumar Sinha, Advocate For the State : Mr. Rakesh Ranjan, A.P.P

Order No.02 Dated- 22-01-2025

Heard the parties.

Apprehending their arrest in connection with Bermo Mahila P.S. Case No.12 of 2024 instituted under Sections 85/109/74/3(5) of the B.N.S., 2023, and under Section ¾ of the Dowry Prohibition Act, the petitioners have moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners, in furtherance of common intention with the co-accused persons, being the relatives of the husband of the informant, treated her with a cruelty and used criminal force with an intention to outrage the modesty of the informant and attempted murder her. It is submitted that the allegation against the petitioners is false and general and omnibus in nature. It is next submitted that the main allegation is against the husband of the informant who is not a petitioner before this Court. It is lastly submitted that the petitioners undertake to cooperate with the investigation of the case. It is further submitted that because of marital discord between the alleged victim and her husband, this false case has been foisted Hence, it is submitted that the petitioners be given

the privileges of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bermo at Tenughat, in connection with Bermo Mahila P.S. Case No.12 of 2024 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Choudhary, J . )

Rohit/