Jitendra Kumar Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2025)

Jitendra Kumar Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: upon arrest by police or surrender within six weeks, release on bail bond of Rs. 25,000/- with two sureties of the like amount each before JMFC, Bokaro, subject to conditions of non-disturbance of the informant, co-operation with investigation, appearance before the Investigating Officer, mobile-number/Aadhaar undertakings and the conditions under section 438(2) Cr. P.C.; Rs. 12,00,000 already transferred to the informant adjustable against future maintenance, without prejudice.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Chas (Mahila) P.S. Case No. 19 of 2023 (cruelty/dowry allegations), should be granted anticipatory bail.

Court's answer

Considering the facts and circumstances of the case, the court was inclined to grant the privilege of anticipatory bail to the petitioner.

Ratio / Principle

In the event of arrest by police or surrender within six weeks of the order, the petitioner is to be released on bail on a bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of learned JMFC, Bokaro, subject to conditions that he will not annoy or disturb the informant during pendency, will co-operate with the investigation, will appear before the Investigating Officer as and when noticed, will submit his mobile number and photocopy of Aadhaar card at the time of surrender with an undertaking not to change the mobile number, together with the conditions under section 438(2) Cr. P.C.

Key takeaways

The amount of Rs. 12,00,000 transferred to the informant's account may be adjusted towards any maintenance claimed by the informant in future, and the deposit is without prejudice to the case of the parties.ratio¶13

Detailed headnote1 paragraphs

Anticipatory Bail — Petitioner apprehending arrest in Chas (Mahila) P.S. Case No. 19 of 2023 under Sections 498A, 323, 34 IPC and Sections 3/4 D.P.Act (alleged cruelty in connection with demand of dowry) granted pre-arrest bail; he had transferred Rs. 12,00,000/- to the informant's bank account, which her counsel admitted receiving. On arrest or surrender within six weeks, release on bail bond of Rs. 25,000/- with two like sureties before JMFC, Bokaro, conditioned on non-disturbance of the informant, co-operation with investigation, appearance before the Investigating Officer, mobile-number/Aadhaar undertakings and section 438(2) Cr.P.C. conditions; the Rs. 12,00,000/- deposit declared adjustable against any future maintenance claim, without prejudice to either party.

IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 738 of 2024

Jitendra Kumar , aged about 35 years, son of Rajendra Prasad Gupta, resident of Qr. No.12, Prabhat Colony, Near Shiv Mandir, P.O. and P.S. Chas, District Bokaro (Jharkhand) … Petitioner

Versus

The State of Jharkhand … opp. party

Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Mr. R.S.Mazumdar, Sr. Adv. : Mr. Sahil, Adv. For the State : Ms. Ruby Pandey, Addl.. PP For the informant : Mrs. Ritu Kumar, Adv.

14 / 10.03.2025 Heard the parties.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Chas (Mahila ) P.S. Case No. 19 of 2023 registered under Sections 498A, 323, 34 of the Indian Penal Code, Section 3/4 of the D.P.Act.

Learned senior counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner being the husband treated the informant with cruelty in connection with demand of dowry. It is then submitted that the allegations against the petitioner are all false and those allegations are general and omnibus in nature. Drawing attention of the court to the supplementary affidavit dated 05.03.2025, it is submitted by the learned senior counsel for the petitioner that the transfer of Rs. 12,00,000/- to the bank account of the informant has been made by the petitioner. Learned counsel for the informant admits that the informant has received the said amount in her account by way of transfer. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and also undertakes to furnish sufficient security including cash security and he undertakes not to annoy or

disturb the informant in any manner during pendency of the case hence, the petitioner be given the privilege of anticipatory bail.

The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner.

Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner 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 JMFC, Bokaro in connection with Chas (Mahila ) P.S. Case No. 19 of 2023 subject to the condition that the petitioner will not annoy or disturb the informant in any manner during pendency of the case and will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C..

It is made clear that the amount of Rs. 12,00,000/transferred to the account of the informant may be adjusted towards maintenance if any, to be claimed by the informant in future and the said deposit is without prejudice to the case of the parties.

(ANIL KUMAR CHOUDHARY, J.)

Smita/-