High CourtsSingle Bench

Sattar Sheikh And Ors vs State of Jharkhand

Jharkhand High Court · Decided on 1 February 2021 · Citation: (2021) 02 JH CK 0011

HON’BLE JUDGES
Rongon Mukhopadhyay, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 498A · Dowry Prohibition Act, 1961 — Section 3, 4 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
A.B.A. No. 7251 Of 2020
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Judgment

20 paragraphs · 417 words

Heard the parties.

Defects, as pointed out by the office, are ignored. The petitioners apprehend their arrest in connection with Maheshpur P.S. Case No. 68 of 2019.

It has been alleged on 26.06.2018 on the instruction of the petitioner nos. 1 & 2 the other accused persons had forcibly entered into the house of the

informant and had taken away the son of the informant with them. When the son of the informant did not return the informant proceeded to the house

of the accused persons and saw that his son is being getting married with the daughter of the accused no. 1. On 10.07.2018 the accused persons had

taken the son of informant and his wife to their house and thereafter after a lapse of two months when the informant did not find his son he inquired

from the accused persons but they did not disclose his whereabouts.

The petitioner nos. 1 & 2 appear to be the parents of the girl with whom the marriage was being solemnized forcibly with the son of the informant. So

far as the rest petitioners are concerned they are all related to the petitioner nos. 1 & 2.

It has been stated by the learned counsel for the petitioner that Maheshpur P.S. Case No. 52 of 2019 was instituted under section 498 A IPC and

under section ¾ of Dowry Prohibition Act on account of the daughter of the petitioner nos. 1 & 2 being tortured by the son of the informant and her

in-laws. Learned counsel further submits that Maheshpur P.S. Case No. 52 of 2019 was filed much prior to the complaint petition which would

indicate that the complaint petition was a counter blast to the case instituted against the informant party. Moreover, the allegations appear to be

general and omnibus in nature so far as the petitioners are concerned.

Regard being had to the aforesaid facts, I am inclined to extend the privilege of anticipatory bail to the petitioners. Accordingly, the petitioners, above

named, are directed to surrender before the court below within a period of four weeks from today and in that event, they shall be enlarged on bail, on

furnishing bail bond of Rs. 10,000/- (Ten Thousand only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Pakur,

in connection with Maheshpur P.S. Case No. 68 of 2019, subject to the conditions as laid down under section 438(2) of the Code of Criminal

Procedure.

This application stands allowed.