High CourtsSingle Bench

Deepak Rajak vs State Of Jharkhand & Anr

Jharkhand High Court · Decided on 18 September 2023 · Citation: (2023) 09 JH CK 0043

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 323, 341, 498A · Code Of Criminal Procedure, 1973 — Section 438(2)
CASE NUMBER
A.B.A. No. 7034 Of 2023
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Judgment

7 paragraphs · 360 words

Anil Kumar Choudhary, J

Heard the parties.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Complaint Case No.1123 of 2022 registered under sections 323/341/ 498A/34 of the Indian Penal Code.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner being the husband of the complainant has treated the complainant with cruelty in connection with demand of dowry. It is further submitted that the allegations against the petitioner are all false. It is next submitted that the petitioner is ready and willing to resume conjugal life with the complainant-opposite party no.2 if and when the complainant-opposite party no.2 is ready and willing to resume conjugal life with the petitioner but as the complainant-opposite party no.2 is not desirous of resuming conjugal life with the petitioner hence, this false case has been foisted by the complainant-opposite party no.2. It is then submitted that the petitioner undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioner 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 petitioner be given the privilege of anticipatory bail.

Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail 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 A.C.J.M., Koderma, in connection with Complaint Case No.1123 of 2022 with the condition that the petitioner will cooperate with the trial of the case with further condition that the petitioner will keep and maintain the complainant-opposite party no.2 with full dignity and honour as his lawful wife if and when the complainant- opposite party no.2 is ready and willing to resume conjugal life with the petitioner and subject to the conditions laid down under section 438 (2) Cr. P.C.