High CourtsSingle Bench

Prashant Bhushan vs State Of Jharkhand & Anr

Jharkhand High Court · Decided on 2 April 2024 · Citation: (2024) 04 JH CK 0003

HON’BLE JUDGES
Sanjay Kumar Dwivedi, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 498(A), 504, 506 · Dowry Prohibition Act, 1961 — Section 3, 4 · Code Of Criminal Procedure, 1973 — Section 438(2)
CASE NUMBER
A.B.A. No. 609 Of 2024
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Judgment

7 paragraphs · 356 words

Sanjay Kumar Dwivedi, J

1.

Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the O.P. No.2.

2.

The petitioner is apprehending his arrest in connection with Namkum P.S. Case No. 476 of 2022, for the alleged offences under Sections 498(A), 504, 506, 34 of the Indian Penal Code and under section ¾ of Dowry Prohibition Act, pending in the court of learned Judicial Magistrate Ist Class-XII, Ranchi.

3.

Learned counsel appearing for the petitioner submits that the petitioner is husband of the informant and marriage has been solemnized on 21.11.2021 and the petitioner has filed divorce case before the competent court on 13.12.2022. He further submits that however the said divorce suit was dismissed for default. He further submits that allegations are general and omnibus against all the accused persons and inlaws have been provided privilege of anticipatory bail by the learned Sessions Judge.

4.

Learned A.P.P. appearing for the State opposes the prayer for anticipatory bail and submits that chargesheet has been submitted.

5.

Learned counsel appearing for the informant opposes the prayer for anticipatory bail and submits that there was continuous demand of dowry and the petitioner is husband of the O.P. No.2 in view of that anticipatory bail may kindly be rejected.

6.

Considering that the petitioner is husband of the informant and allegations are general and omnibus against all the accused persons and inlaws have been provided privilege of anticipatory bail by the learned Sessions Judge, chargesheet has already been submitted in view of that custodial interrogation is not required, I am inclined to grant anticipatory bail to the petitioner. Accordingly, he is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner, named above, shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty-five thousand), with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate Ist Class-XII, Ranchi, in connection with Namkum P.S. Case No. 476 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.