High CourtsSingle Bench

Dhanjay Yadav And Ors vs State Of Jharkhand

Jharkhand High Court · Decided on 16 December 2020 · Citation: (2020) 12 JH CK 0144

HON’BLE JUDGES
Rongon Mukhopadhyay, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 498A · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
A.B.A. No. 4964 Of 2020
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Judgment

19 paragraphs · 391 words

Defects as pointed out by the office are ignored.

Heard Md. Faruque Ansari, learned counsel for the petitioners and Mr. P. D. Agrawal, learned Spl.P.P. for the State.

The petitioners have prayed for grant of anticipatory bail, as they are apprehending their arrest in connection with Daltonganj Town P. S. Case No.

268 of 2019.

The marriage of the informant was solemnized with the petitioner no. 2. She had disclosed that she was having a love affair with another person and

after few days she started living at her parents' place. On 07.05.2018 the petitioner no. 2 was found in touch with the petitioner no. 1 through a video

call. When the informant scolded her she pulled his legs at which he fell down and sustained fracture injury. It has further been alleged that on

09.05.2018 the accused persons had entered into the house of the informant and assaulted the informant and his mother.

The petitioner no. 2 appears to be the wife of the informant. The petitioner no. 3 and 4 are the parents of the petitioner no. 2 while the petitioner no. 1

is an outsider. It appears that the petitioner no. 2 had earlier instituted a case against the informant and others under Section 498A of the Indian Penal

Code being Daltonganj Mahila P. S. Case No. 37 of 2018.

Admittedly, there was an attritional relationship between the petitioner no. 2 and the informant and the fracture sustained by the informant could have

been a result of such tumultous relationship. So far as the rest accused persons are concerned, the allegations are general and omnibus in nature.

On consideration of the entire facts and circumstances of the case as narrated above, I am inclined to extend the privilege of anticipatory bail to the

petitioners. Therefore, the petitioners, named above, are directed to surrender in the court below within a period of four weeks from today and on such

surrender, they shall be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) each with two sureties of the like amount

each, to the satisfaction of learned Chief Judicial Magistrate, Palamu at Daltongnj in connection with Daltonganj Town P. S. Case No. 268 of 2019,

subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This application stands allowed.