Kiran Kumar Sharma vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

Heard learned counsels for petitioner and for State.

The petitioners are apprehending their arrest in connection with Dhanbad Mahila PS Case No.06 of 2025, for offence registered  under  sections  115(2),  126(2),  127(2),  109,  74,  76,  77, 351(2) and (3), 79, 85 and 3(5) of the BNS, 2023, pending in court of learned Judicial Magistrate, First Class, Dhanbad.

Learned counsel for petitioner submits that the petitioner nos.1 happened to be the husband of the informant, and the petitioner nos. 2, 3, 4, 5 and 6, happened to be the father-in-law, mother-in-law, sister-in-law, sister-in-law and brother-in-law, respectively, of the informant. He further submits that the entire family  members  have  been  made  accused  in  the  instant  case  and false allegations are made of torture against the petitioners. He next submits that the allegations are made of installing CCTV cameras in the wash-room as well as in the bed-room, however, it is not correct. He then submits that the CCTV cameras have been installed outside the house for protection of the family. He next submits that prior to this also, the informant has lodged the complaint case under section 498A and other sections of the IPC on 9.8.2024 which is still pending. He next submits that the informant has filed the Original  Maintenance  Case  No.609  of  2024  for  maintenance  and  in that case, the prayer was made to the effect that the informant will reside along with the petitioners. He then submits that false allegations are made and the entire family members have been made accused in the instant case.

Learned State counsel as well as the learned counsel for the informant/OP No.2 oppose the prayer and submit that allegations are there of installation of CCTV cameras and assault as well as demand of dowry and the allegation of molestation is made against the  brother-in-law  and  in  view  of  that,  they  submit  that  the  prayer for anticipatory bail of the petitioners may kindly be rejected.

Looking to the contents of the complaint petition, it transpires that there are general and omnibus allegations against all the family members of torture and demand of dowry. The allegation is  also  made  of  installation  of  CCTV  cameras  in  the  bed-room  and the wash-room, however, in  paragraph no.18 of the case diary, it has  come  that  the  CCTV  cameras  have  been  installed  outside  the room  of  the  informant,  however,  it  is  not  disclosed  that  the  CCTV camera is installed in the bed-room as well as in the wash-room as alleged in the complaint petition. If the CCTV cameras are installed, every  act  of  the  accused  persons  will  also  be  captured  in  the  said CCTV  cameras  and  prior  to  this  case,  one  another  complaint  case was filed under section 498A as well as under other sections of the IPC on 09.8.2024.

In the aforesaid background, the petitioners, above named, are directed to surrender before the learned court concerned within two weeks from today and the learned concerned court shall release the petitioners, above named, on such terms and conditions as well as  the  sureties,  as  the  learned  court  concerned  may  deem  fit  and proper.

This petition, being A.B.A. No.5704 of 2025, is disposed of.