Shamim Ahmed vs The State of Jharkhand

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Gumla P.S. Case No. 101 of 2017 (G.R. No. 304 of 2017) registered under Sections 498A, 494, 420 of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act.

Heard the parties.

The petitioner and opposite party no. 2 are physically present before this Court.

Learned counsel for the petitioner submits that the petitioner is ready and willing to resume his conjugal life with opposite party no. 2 and will keep and maintain her as his lawfully wedded wife with full honour and dignity but opposite party no. 2 is not ready to resume her conjugal life with the petitioner because of his past conduct.

It is submitted by learned counsel for the petitioner that the allegations against the petitioner regarding treatment with cruelty and demand of dowry are false. There is general and omnibus allegation against the petitioner. However, the petitioner is ready and willing to pay Rs. 20,000/- as ad interim victim compensation to the victim-O.P. No. 2, by way of demand draft, without prejudice to his defence in the case. Hence, the petitioner may be given the privilege of anticipatory bail.

However, learned Addl. P.P., assisted by opposite party no. 2, opposes the prayer for anticipatory bail.

Considering the submissions of the counsel and the fact as discussed above, I am of the opinion that this is a fit case where the petitioner, named above, be admitted to anticipatory bail. Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, he shall be released on bail on depositing demand draft of Rs.20,000/- drawn in favour of the victim-O.P. No. 2- Sabita Devi as ad interim victim compensation and furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gumla, in connection with Gumla P.S. Case No. 101 of 2017 (G.R. No. 304 of 2017), subject to the conditions laid down under section 438 (2) Cr. P.C.

In case, the petitioner deposits the said demand draft of Rs.20,000/- in the court, it is directed that notice be issued to victim-O.P. No. 2- Sabita Devi and the said demand drafts be released in her favour forthwith, after proper identification. In case of the amount of Rs.20,000/- deposited by the petitioner, the same2 will be adjusted towards the maintenance in any present or future proceeding between the parties.