Surendra Gupta @ Surender Gupta vs State of Jharkhand

Heard the parties through video conferencing. Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

Apprehending his arrest in connection with Raidih P.S. Case No.48 of 2019 (Complaint Case No.83 of 2016) instituted under Sections 498-A, 497-A, 323 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned counsel for petitioner seeks permission of this Court to implead the informant as opposite party No.2 of the instant anticipatory bail application.

Permission is accorded.

The petitioner is directed to incorporate the name of the informant as opposite party No.2 of the instant anticipatory bail application within one week after the lockdown is over.

Let notice be issued to O.P. No.2 under registered cover with A/D as well as under ordinary process for which requisites etc. must be filed within two weeks by the petitioner, failing which, this anticipatory bail application shall stand dismissed without further reference to the Bench.

Learned counsel for the petitioner submits that the petitioner is the husband of the informant and the allegation against him is that he has treated his wife with cruelty in connection with demand of dowry. It is submitted that the allegations against the petitioner are all false and general and omnibus in nature. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

List this case on 21.06.2021.

Considering the submissions of learned counsels and the facts as discussed, I am inclined to pass an interim order of anticipatory bail to the petitioner till 21.06.2021. In case of the petitioner being arrested by the police on or before 21.06.2021, he shall be released on bail provisionally on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of the officer concerned in connection with Raidih P.S. Case No.48 of 2019 (Complaint Case No.83 of 2016) and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.