Akhilesh Kumar Das vs State Of Jharkhand And Others

Sanjay Kumar Dwivedi, J

Heard Mr. Vinay Kumar Tiwary, learned counsel for the petitioner, Mr. Anup Pawan Topno, learned counsel for the State and Mr. Rakesh Ranjan, learned counsel for opposite party no.2.

The petitioner is apprehending his arrest in connection with Hanwara P.S. Case No.17 of 2023, corresponding to G.R. No.1059 of 2023, registered for the alleged offence under Section 323, 307, 313, 379, 498-A, 504, 506 and 34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act, pending in the Court of the learned Judicial Magistrate, 1st Class, Godda.

Learned counsel for opposite party no.2 submits that he is in receipt of Vakalatnama on behalf of opposite party no.2, who is wife of this petitioner. He further submits that the Vakalatnama is not filed as the matter is on the Board.

In view of such submission, let the Vakalatnama be taken on record.

Learned counsel for the petitioner submits that the petitioner is ready to keep his wife with all dignity.

Learned counsel for opposite party no.2 on instruction of opposite party no.2, who is present in the Court in person, submits that she is also ready to live along with her husband, who is the petitioner.

Considering that both the sides are ready to reside together, in that view of the matter, the opposite party no.2 will appear before the learned concerned Court on 21.03.2024. On that day, the petitioner will take her from the Court to the place where he is residing.

In view of the fact that both husband and wife are ready to reside together and husband is taking his wife with him home on 21.03.2024, in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, the above-named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of his arrest or surrender, he will be enlarged on bail 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, 1st Class, Godda in connection with Hanwara P.S. Case No. 17 of 2023, corresponding to G.R. No.1059 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.