Bariul Islam Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2025)

Bariul Islam Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest or surrender within six weeks, release on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Pakur, subject to conditions of cooperation with investigation, appearance before the Investigating Officer as and when noticed, furnishing mobile number and Aadhar Card copy in the court below with undertaking not to change mobile number during pendency, and the conditions under section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioner, apprehending his arrest in connection with Pakur Town P.S. Case No.16 of 2024 registered under sections 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, should be granted the privilege of anticipatory bail.

Court's answer

It is a fit case where the petitioner be given the privilege of anticipatory bail, considering the submissions of the counsels and the facts discussed (including the settlement between the parties and absence of grievance of opposite party no.2).

Ratio / Principle

In the event of his arrest or surrender within a period of six weeks from the date of the order, the petitioner shall be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Pakur, in connection with Pakur Town P.S. Case No.16 of 2024.

Key takeaways

Release is conditional on the petitioner cooperating with the investigation, appearing before the Investigating Officer as and when noticed, furnishing his mobile number and a copy of his Aadhar Card in the court below with an undertaking not to change his mobile number during the pendency of the case, subject to the conditions laid down under section 438(2) of the Cr.P.C.ratio¶21

Detailed headnote1 paragraphs

Anticipatory bail granted. Petitioner apprehended arrest in Pakur Town P.S. Case No.16 of 2024, registered under sections 498A/34 IPC and Section 3/4 Dowry Prohibition Act, on the allegation that he treated his wife (informant-opposite party no.2) with cruelty in connection with a demand of dowry. Counsel for the petitioner and for opposite party no.2 jointly submitted that the matter had been settled between the parties outside the court, that opposite party no.2 had no grievance against the petitioner, and that the case arose out of marital discord; the petitioner undertook to cooperate with the investigation. The Addl. P.P. opposed the prayer. Holding it a fit case, the Court directed that in the event of arrest or surrender within six weeks the petitioner 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 learned C.J.M., Pakur, on conditions of cooperation with the investigation, appearance before the Investigating Officer as and when noticed, furnishing his mobile number and Aadhar Card copy in the court below with an undertaking not to change his mobile number during pendency, subject to section 438(2) Cr.P.C. Separately, the Registrar (Establishment)'s enquiry found the desired mediation report went unreported owing to a wrong case-number reference in the forwarding letter of the Secretary, DLSA, Pakur.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4084 of 2024

Bariul Islam, aged about 30 years, Son of Najrul Islam, Resident of village –Khidirpur, P.O. –Chabghati, P.S. –Suti, District –Murshidabad (W.B.)

… Petitioner

Versus

The State of Jharkhand

Tammana Khatoon, wife of Bariul Islam, Daughter of Abdul Latif, Resident of Namupada, Harindanga Bazar, P.O. –Pakur, P.S. –Pakur Town, District –Pakur.

… Opposite Parties

------

CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Md. Asadul Haque, Advocate For the State : Mr. Bishambhar Shastri, Addl. P.P. For the O.P. No.2 : Md. Zaid Ahmed, Advocate

------

Order No.08 Dated- 13.01.2025

Heard the parties.

The enquiry report submitted by the Registrar (Establishment)

of this Court is placed.

It has been found by the Registrar (Establishment) of this Court that due to wrong reference of the case number, the forwarding letter of the Secretary, DLSA, Pakur the Criminal Receiving Section could not report regarding receipt of the desired mediation report in the Court. Keep the same in the record.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Pakur Town P.S. Case No.16 of 2024 registered under sections 498A/34 of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has treated the informant-opposite party no.2 with cruelty in connection of demand of dowry. It is further submitted that the allegations against the petitioner are all false. It is jointly submitted by the learned counsel for the petitioner and the learned counsel for the opposite party no.2

that the matter has been settled between the parties outside the court and the opposite party no.2 has no grievance against the petitioner. It is then submitted that because of some marital discord, this false case has been instituted. It is next submitted that the petitioner undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he 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 C.J.M., Pakur, in connection with Pakur Town P.S. Case No.16 of 2024 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) of the Cr.P.C.

(Anil Kumar Choudhary, J . )

Sonu/Gunjan-