Md. Nesab vs State Of Jharkhand And Others

Anil Kumar Choudhary, J

Apprehending his arrest in connection with Mahila P.S. Case No.05 of 2021 instituted under Sections 323, 509, 506, 494, 498-A/34 of the Indian Penal

Code and Section 3/4 of the Dowry Prohibition Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Let notice be issued to O.P. No.2 under registered cover with A/D as well as under ordinary process for which requisites etc. must be filed within

two weeks by the petitioner, failing which, this anticipatory bail application shall stand dismissed without further reference to the Bench.

Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner being husband of the opposite party no.2

treated her with cruelty. It is next submitted that the allegations against the petitioner are all false and general and omnibus in nature. It is further

submitted that because of marital discord between the parties, this false case has been foisted against the petitioner. Hence, it is submitted that the

petitioner be given the privileges of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

List this case on 25.10.2021.

Considering the submissions of learned counsels and the facts as discussed, I am inclined to pass an interim order of anticipatory bail to the petitioner

till 25.10.2021. In case of the petitioner being arrested by the police on or before 25.10.2021, he shall be released on bail provisionally on furnishing bail

bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of the officer concerned in connection with

Mahila P.S. Case No.05 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.