Tanwir Akhtar Alias Md Tanwir Akhtar v. State Of Jharkhand
2019-04-11
ANIL KUMAR CHOUDHARY
body2019
DigiLaw.ai
JUDGMENT Anil Kumar Choudhary, J. - Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Sahibganj (T) P.S. Case No.31 of 2018 (G.R. No. 246 of 2018) registered under sections 341/323/313/498-A/506 of the Indian Penal Code and 3/4 of the D.P. Act. 2. Heard the parties. 3. Both the petitioner and the opposite party Nos. 2 & 3 are present in the Court today. 4. The petitioner is ready and willing to resume his conjugal life with the opposite party No.3 - Quman Saba only if the opposite party No.3 is ready and willing to come and stay with him in Bihar but the opposite party No.3 submits that she is not ready and willing to go to Bihar and is ready and willing to resume her conjugal life with the petitioner only if the petitioner continues to stay with her at Bangalore where she is in job. 5. The learned counsel for the petitioner submits that the allegations against the petitioner are false and are general and omnibus in nature. It is further submitted that the petitioner is ready and willing to pay Rs.1,25,000/- as ad interim victim compensation to the opposite party No.3 - Quman Saba without prejudice to his defence in this case and undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. 6. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. 7. 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 eight weeks from the date of this order, he shall be released on bail on depositing a demand draft of Rs.1,25,000/- as ad interim victim compensation in favour of the opposite party No.3 - Quman Saba and on furnishing bail bond of Rs.
Hence, in the event of his arrest or surrender within a period of eight weeks from the date of this order, he shall be released on bail on depositing a demand draft of Rs.1,25,000/- as ad interim victim compensation in favour of the opposite party No.3 - Quman Saba and 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 Chief Judicial Magistrate, Sahibganj, in connection with Sahibganj (T) P.S. Case No.31 of 2018 (G.R. No. 246 of 2018) with the condition that the petitioner will co-operate 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 Aadhaar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case case subject to the conditions laid down under section 438 (2), Cr. P.C. 8. In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the opposite party No.3 - Quman Saba and hand over the said demand draft to her, after proper identification. 9. In case, the said amount is received by the opposite party No.3 - Quman Saba, the same shall be adjusted with respect to the maintenance in any present or future proceeding between the parties or final settlement between the parties, if and when the same takes place. Order accordingly.