Anil Kumarson of Late Mathura Mistry v. State of Jharkhand
2025-02-25
ANIL KUMAR CHOUDHARY
body2025
DigiLaw.ai
ORDER : ANIL KUMAR CHOUDHARY, J. 1. Heard the parties. 2. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Ranchi Mahila P.S. Case No.11 of 2024 registered under sections 498A/323/313/506/307/34 of the Indian Penal Code and under Section 3/4 of D.P. Act. 3. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner treated the informant-opposite party no.2 with cruelty in connection with demand of dowry. It is further submitted that the allegations against the petitioner are all false and are general and omnibus in nature. Learned counsel appearing for the petitioner and learned counsel for the opposite party No.2 jointly submit that both the petitioner and opposite party No.2 are ready and willing to resume their conjugal life. Learned counsel for the opposite party no.2 submits that the opposite party no.2 will resume conjugal life, only if the petitioner will keep and maintain the opposite party no.2 with full dignity and honour as his lawful wife and will pay some monthly amount to her. It is then submitted that because of marital discord, this false case has been foisted. It is lastly submitted 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. 4. Learned Addl. P.P appearing for the State submits that in view of compromise between the parties, the state does not oppose the prayer for anticipatory bail of the petitioner. 5. 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.
4. Learned Addl. P.P appearing for the State submits that in view of compromise between the parties, the state does not oppose the prayer for anticipatory bail of the petitioner. 5. 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 18.03.2025 and in case the petitioner surrenders before the learned trial court on 18.03.2025, he will be enlarged on bail on taking the opposite party No.2 to his work place with an undertaking that he will keep and maintain her with full honour and dignity as his lawful wife and his place of posting in connection with his employment and will pay some monthly amount to her depending upon his earning 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 J.M., Ranchi in connection with Ranchi Mahila P.S. Case No.11 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) Cr. P.C. 6.
P.C. 6. In case the opposite party No.2 does not appear in the learned court below on 18.03.2025 or refuses to resume conjugal life with the petitioner, still the petitioner shall be enlarged on bail on 18.03.2025 on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned J.M., Ranchi in connection with Ranchi Mahila P.S. Case No.11 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 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 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure .