Raj Kumar @ Raj Kumar Singh @ Rajkumar Singh vs State Of Jharkhand & Anr

Anil Kumar Choudhary, J

Heard the parties.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Bankmore P.S. Case No.73 of 2023 registered under sections 344/ 354/498A/406/504/506/34 of the Indian Penal Code and under Section 3/4 of D.P. Act.

The Learned Senior Advocate appearing for the petitioner submits that the allegation against the petitioner is that the petitioner treated the opposite party no.2 with cruelty in connection with demand of dowry. It is further submitted that the allegations against the petitioner are all false and this case has been registered for wreaking vengeance. It is then submitted that the FIR has been lodged after three months of the alleged occurrence and there is no explanation for this inordinate delay in lodging the FIR. It is further submitted that the petitioner has lodged Chas P.S. Case No.36 of 2023 against the informant and her family members and earlier the father of the informant also lodged case against the petitioner and family members being Chas P.S. Case No.37 of 2023 but there is no demand of Rs.20,00,000/- dowry has been alleged in the said case and this case has been lodged after improvisation and making additional allegations as an afterthought. It is then submitted that the petitioner undertakes in writing to pay Rs.2,00,000/- to the informant-opposite party no.2 without prejudice to his defence in this case and undertakes to cooperate with the investigation of the case with further undertaking that he will not annoy or disturb the informant in any manner during the pendency of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

Learned Addl. P.P. and the learned counsel for the opposite party no.2 opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of eight weeks from the date of this order, he shall be released on bail on depositing a demand draft of Rs.2,00,000/- drawn in favour of informant without prejudice to his defence in this case and 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 C.J.M., Dhanbad, in connection with Bankmore P.S. Case No.73 of 2023 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case with further condition that he will not annoy or disturb the informant in any manner during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

In case, the petitioner deposits the aforesaid demand draft, the court below is directed to issue notice to the informant and hand over the said demand draft to her, after proper identification.

In case, the petitioner deposits the aforesaid demand draft, the same shall be adjusted towards maintenance and one time settlement, if and when the same takes place between the parties.