High CourtsSingle Bench

Rahul Kumar Sah vs State Of Jharkhand And Ors

Jharkhand High Court · Decided on 10 February 2021 · Citation: (2021) 02 JH CK 0088

HON’BLE JUDGES
Rongon Mukhopadhyay, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
A.B.A. No. 533 Of 2020
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Judgment

16 paragraphs · 297 words

Heard Mr. Lalit Yadav, learned counsel for the petitioner and Mr. Ravi

Prakash, learned Special P.P. None appears on behalf of the O.P. No. 2 in spite of valid service of notice.

The petitioner apprehends his arrest in connection with Complaint Case No. 1057 of 2018.

The marriage of the complainant was solemnized with the petitioner on 30.04.2018. It has been alleged that after marriage, there was a demand of

Rs.2,00,000/-in cash and a Pulsar motorcycle which was not fulfilled as a result of which, the complainant was ousted from her matrimonial house.

However, the matter was compromised and when she returned back to her matrimonial house, she was once again subjected to torture and was also

ousted from her matrimonial house.

It appears from perusal of the statement of the complainant recorded on solemn affirmation that she had herself left the house of the petitioner and

went away to her parent's home. So far as the allegations made in the complaint petition are concerned, the same are general and omnibus in nature

barring an allegation of a demand of money for the purposes of running the ice-cream Factory by the petitioner.

On consideration of the aforesaid facts, I am inclined to extend the privilege of anticipatory bail to the petitioner.

The petitioner, named above, is accordingly directed to surrender in the court below within a period of four weeks from today and in that event, he will

be enlarged on bail, on furnishing bail bond of Rs.10,000/- ( Ten thousand only) with two sureties of the like amount each to the satisfaction of learned

Judicial Magistrate, Deoghar in connection with Complaint Case No. 1057 of 2018, subject to the conditions as laid down under Section 438(2) of the

Code of Criminal Procedure.

This application stands allowed.