Abdul Samad And Ors vs State Of Jharkhand

Heard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.

In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Dumka (T) P.S. Case No.253 of 2020 registered under sections 323/498A/34 of the Indian Penal Code read with section 3/4 of the D.P. Act.

The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioner no.1 being the father-in-law and the petitioner no.2 being the mother-in-law of the informant has treated the informant with cruelty in connection of demand of dowry. It is further submitted that the allegations against the petitioners are false and are general and omnibus in nature. It is then submitted that the main allegation is against the husband of the informant. It is next submitted that because of marital discord between the informant and her husband, this false case has been foisted against the petitioners only to harass them. It is lastly submitted that the petitioners undertake to cooperate with the investigation of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

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 petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Dumka, in connection with Dumka (T) P.S. Case No.253 of 2020 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile number and a copy of their Aadhar Card in the court below with the undertaking that they will not change their mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.