High CourtsSingle Bench

Chinta Devi vs State Of Jharkhand

Jharkhand High Court · Decided on 1 June 2022 · Citation: (2022) 06 JH CK 0005

HON’BLE JUDGES
Gautam Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 323, 341, 498A, 504, 506 · Dowry Prohibition Act, 1961 — Section 3, 4 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
A.B.A. No. 4205 Of 2022
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Judgment

6 paragraphs · 355 words

Gautam Kumar Choudhary, J

The anticipatory bail application filed on behalf of petitioner- Chinta Devi, who is apprehending her arrest in connection with Birni P.S. Case No.16 of 2022 for the offence registered under Sections 341, 323, 498A, 504, 506/34 of the Indian Penal Code and Section 3/4 of the D.P. Act pending in the Court of learned Chief Judicial Magistrate, Giridih is pressed into motion.

As per the written report of Savitri Devi @ Kunti Devi, the F.I.R. was lodged on 13.01.2022, wherein it is stated that she was married to Pankaj Saw in 2016 and lived peacefully for some time. Thereafter, her husband Pankaj Saw and mother-in-law Chinta Devi started harassing her in various ways in reference to unlawful demand of Rs.50,000/-for purchasing a motorcycle. It is further stated that from the said wedlock she gave birth of three children. It is also stated that she is presently living in her parents’ house because the in-laws are not taking care of her and her children.

It is submitted by the learned counsel for the petitioner that the petitioner is the mother-in-law and the present case is the outcome of the marital discord between the husband and wife. As a matter of fact, the husband of the informant filed Title Matrimonial Suit No. 82 of 2021 for divorce and after receiving the notice the present case has been filed. The general and omnibus allegation has been levelled but there is no reference to any specific date and time of assault or injury.

Learned A.P.P. opposed the prayer for anticipatory bail.

Considering the submissions made, the anticipatory bail application is allowed. Accordingly, the petitioner, namely, Chinta Devi is directed to surrender before the learned trial court within a period of four weeks and on such surrender, she shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Giridih in connection with Birni P.S. Case No.16 of 2022 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.