Amit Kumar Khettry @ Amit Khattary v. State Of Jharkhand
2019-02-15
ANIL KUMAR CHOUDHARY
body2019
DigiLaw.ai
JUDGMENT Anil Kumar Choudhary, J. - Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Ramgarh(Mahila) P.S. Case No. 23 of 2018 (G.R. No. 851 of 2018) for the offence registered under Sections 498A, 506, 323/34 of the Indian Penal Code and section 3 & 4 of the Dowry Prohibition Act. 2. Heard the parties. Petitioner no. 1 and informant is present in the Court today. Informant submits that she is ready and willing to resume her conjugal life with the petitioner no. 1. 3. Learned senior counsel for the petitioners by drawing the attention of the Court at page 32 of the brief submits that the marriage between the petitioner no. 1 and informant has been dissolved by a decree of divorce passed by learned fast track court, Additional District Judge at Howrah. It is further submitted that the petitioner nos. 2 to 5 are the relatives of the petitioner no. 1, petitioner nos. 2 and 3 being parents and petitioner nos. 4 and 5 being the sisters of the petitioner no. 1. 4. It is further submitted that the allegation against the petitioners are false and general and omnibus in nature. It is next submitted that the petitioner no. 1 is ready and willing to pay Rs. 5,00,000/- to the informant as ad interim victim compensation and also petitioners are ready and willing to co-operate with the investigation. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail. 5. The learned Addl. P.P. opposes the prayer for anticipatory bail. 6. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that this is a fit case where the petitioners, named above, be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, the petitioner no.1 shall be released on bail on depositing demand draft of Rs. 5,00,000/- drawn in favour of the informant as ad interim victim compensation and furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each and the petitioner nos. 2 to 5shall be released on bail on furnishing bail bond of Rs.
5,00,000/- drawn in favour of the informant as ad interim victim compensation and furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each and the petitioner nos. 2 to 5shall be released 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 Chief Judicial Magistrate, Ramgarh in connection with Ramgarh(Mahila) P.S. Case No. 23 of 2018 (G.R. No. 851 of 2018) subject to the condition laid down under section 438 (2) Cr. P.C., 1973 with further conditions that: I. the petitioners will co-operate with the investigation of the case, II. the petitioners will appear before the Investigating Officer as and when noticed. III. the petitioners will furnish his mobile phone numbers and copy of Aadhar Card by way of filing affidavit in the court below and will undertake that he will not change his mobile phone numbers during the pendency of this case. 7. If Investigating Officer requires mobile phone numbers of the petitioners, he can make appropriate prayer before the trial court and on such prayer being made the court below will provide mobile number of the petitioner to the Investigating Officer. 8. In case the petitioner no.1 deposits the aforesaid amount, the court below is directed to issue notice to the informant and on her proper identification, the court below shall release the aforesaid amount in her favour. In case the amount is deposited by the petitioner no. 1 in the court below, the same shall be adjusted onwards maintenance in any present and future proceeding between the parties or full and final settlement between the parties if and when the same takes place.