Saddam Hussain @ Md. Saddam Hussian vs State Of Jharkhand

Ananda Sen, J

Heard the parties.

This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences registered under Section 85 of the Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of Dowry Prohibition Act.

The petitioner is the husband. There is an allegation of demand of dowry and torture. The impugned order suggests that the mediation between the parties has failed.

Learned A.P.P. representing the State opposes the prayer for anticipatory bail.

Admitted fact is that the case arises out of a complaint. In a complaint case, there is no question of custodial interrogation. The only fact which the Court has to be assured of is whether the accused will face the trial or not or whether there is any chance of tampering with the evidence.

The impugned order does not suggest any of the aforesaid situation. Thus, in a complaint case, since there is no necessity of custodial interrogation, I am inclined to release this petitioner on anticipatory bail.

Accordingly, this Anticipatory Bail Application stands allowed. The petitioner, above named, is directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of his surrender or arrest, he shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, First Class, Godda, in connection with Complaint Case No.675 of 2024, subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. The Trial Court should keep the aforesaid situation in mind while dealing with the anticipatory bail which arises out of a complaint case.