Parmanand Kapri Vs State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No.826 of 2025

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Parmanand Kapri, aged about 36 years, Son of Umesh Kapri, Resident of House No.34 Village-Barmasia, P.O. & P.S.-Sarath, Dist.Deoghar, Jharkhand .... .... …. Petitioner

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Versus

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The State of Jharkhand

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Mamta Devi, Wife of Parmanand Kapri, Daughter of Binod Kapri, at present Resident of Village-Rashikpur, P.O.-Dumka, P.S.-Dumka (Town), Dist.-Dumka

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.... .... ....Opposite Parties

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Jagat Kumar Soni, Advocate Mr. Sanjeev Tahkur, Advocate For the State : Mr. Vinoy Kr. Sinha, Addl.P.P For the Informant : Mr. Anjani Kr. Singh, Advocate ------

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Order No.02 Dated- 07-02-2025

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Heard the parties.

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Apprehending his arrest in connection with Dumka (Mahila) P.S. Case No.02 of 2024 instituted under Sections 498A, 341, 323 & 34 of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.

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Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner being the husband of the informant/opposite party No.2, has treated her with cruelty in connection with demand of dowry. It is submitted that the allegations against the petitioner are all false and general and omnibus in nature. It is next submitted that because of marital discord between the parties, this false case has been foisted against the petitioner. It is agreed to between the parties that both the petitioner and opposite party No.2 will appear before the trial court

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on 10.03.2025 and on that date the petitioner will take the opposite party No.2 to his house with an undertaking that he will keep and maintain her with full honour and dignity as his lawful wife. Learned counsel for the petitioner lastly submits that the petitioner undertakes to co-operate with the investigation of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

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

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Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below on 10.03.2025 and in case the petitioner appears and surrenders before the learned trial court on 10.03.2025, he will be enlarged on bail on taking the opposite party No.2 to his house with an undertaking that he will keep and maintain her with full honour and dignity as his lawful wife and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Dumka in connection with Dumka (Mahila) P.S. Case No.02 of 2024 with the condition that he will take the informant to his house and keep her with full dignity and honour as his lawful wife and co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his 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.

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In case the opposite party No.2 does not appear before the learned court below on 10.03.2025 or refuses to resume conjugal life with the petitioner, still the petitioner will be enlarged on bail on 10.03.2025 on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Dumka in connection with Dumka (Mahila) P.S. Case No.02 of 2024 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by

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him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case with further condition that he will resume conjugal life with the opposite party No.2 if and when the opposite party No.2 joins him for resuming the conjugal life and keep and maintain her with dignity and honour as his lawful wife and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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(Anil Kumar Choudhary, J . )

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Rohit/

Parmanand Kapri v. State of Jharkhand

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Parmanand Kapri v. State of Jharkhand

Case brief

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