High CourtsSingle Bench

Sambhu Sahu vs State Of Jharkhand And Ors

Jharkhand High Court · Decided on 18 December 2020 · Citation: (2020) 12 JH CK 0171

HON’BLE JUDGES
Aparesh Kumar Singh, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438 · Indian Penal Code, 1860 — Section 34, 323, 498A · Dowry Prohibition Act, 1961 — Section 3, 4, 5
CASE NUMBER
A.B.A. No. 6391 Of 2020
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Judgment

18 paragraphs · 324 words

Learned counsel for the petitioner undertakes to remove the following surviving defect within one week after reopening of the winter vacation in

January, 2021:

i. P.O. for O.P. No. 2 is not appearing at page 2. ii. Annexure no. in sub para 13 may be corrected. iii. Para 4 statement regarding before the court of

may be verified / corrected.

Office to place the file for inspection on requisition being made for removal of defect within the aforesaid time.

Petitioner husband seeks protection of anticipatory bail in terms of Section 438 Cr.P.C in connection with Complaint Case No. 2716 of 2019 for the

offence under Sections 498A, 323 and 34 of the I.P.C and Section 3, 4, 5 of the D.P. Act, now pending in the court of learned Judicial Magistrate,

Ranchi.

Learned counsel for the petitioner submits that marriage between the parties took place on 20.06.2018. Opposite party no.2 wife has alleged demand

of dowry of Rs. 3 Lakhs and alleged torture on non-fulfillment thereof leading to institution of complaint case no. 2716 of 2019 against petitioner and

two other family members. Opposite party no.2 was suffering from epilepsy, which was not known to the petitioner but still he is ready to keep her

with all honour and dignity. Therefore, he has approached this court for anticipatory bail.

Learned A.P.P. is present.

Issue notice upon the opposite party no.2 under registered cover with A/D ; through speed post and also through the Officer In- charge of Gumla

Police Station for which requisites etc. must be filed within one week after reopening of the winter vacation in January, 2021.

Let the matter be listed on 29.01.2021 by which time the service report of notice through the Officer In-charge, Gumla P.S should be on record. In the

meantime, no coercive steps shall be taken against the petitioner in connection with Complaint case No. 2716 of 2019 pending in the court of learned

Judicial Magistrate, Ranchi.