High CourtsSingle Bench

Gulam Mohammad vs State Of Jharkhand & Anr

Jharkhand High Court · Decided on 3 November 2020 · Citation: (2020) 11 JH CK 0152

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 323, 498A, 506 · Dowry Prohibition Act, 1961 — Section 3, 4 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
A.B. A. No. 5408 Of 2020
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Judgment

21 paragraphs · 439 words

Heard the parties through Video Conferencing.

Mr. Pratik Sen, learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks

after the lockdown is over.

In view of the personal undertaking given by learned counsel for the petitioner the defects pointed out by the Stamp Reporter are ignored for the

present.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Ramgarh (Mahila) P.S. case

no. 14 of 2020 registered under Sections 323, 498A, 506, 34 of the Indian Penal Code and section 3/4 D.P.Act.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner being the brother- in-law of the

opposite party no. 2 , treated the opposite party no. 2 with cruelty. It is then submitted that the allegations against the petitioner are all false and those

allegations are general and omnibus in nature and the main allegation is against the husband of the opposite party no. 2. It is further submitted by

learned counsel for the petitioner that the petitioner resides at Khunti where he is a school teacher. It is next submitted that the petitioner is ready to

co-operate with the investigation of the case and he undertakes not to annoy or disturb the opposite party no. 2 in any manner during pendency of the

case hence, the petitioner be given the privilege of anticipatory bail.

The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner.

Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event

of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner 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 CJM, Ramgarh in

connection with Ramgarh (Mahila) P.S. case no. 14 of 2020 subject to the condition that the petitioner will not annoy or disturb the opposite party no.

2 in any manner during pendency of the case and will co-operate with the Investigation of the case and will appear before the Investigating Officer as

and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an

undertaking not to change mobile number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.