Tej Narayan Mahto 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 petitioners apprehending their arrest in connection with Chandrapura P.S. Case No.77 of 2024, for offences under Sections 498A IPC and Section 3/4 of the Dowry Prohibition Act. The case is presently pending before the Court of Learned S.D.J.M., Bermo at Tenughat.

Learned A.P.P. representing the State and learned counsel representing the informant oppose the prayer for anticipatory bail.

The Investigating Officer is present today before this Court pursuant to the earlier order.

This Court time and again has held that writing a letter to the Officer In-Charge or the Investigating Officer is not a proper compliance under Section 41A Cr.P.C. / Section 35(3) of the BNSS. It is made clear that when a Notice under Section 41A Cr.P.C. / Section 35(3) of the BNSS is issued directing the accused person to appear before the Investigating Officer on a particular day and at a particular place, the accused needs to comply the same by appearing physically before the Officers. The accused cannot devise their own methods and claim compliance of Section 41A Cr.P.C. / Section 35(3) of the BNSS.

In this case, admittedly the petitioner has not appeared before the Investigating Officer to get his statement recorded, rather had sent a reply by post, which cannot be said to be compliance of Section 41A Cr.P.C. / Section 35(3) of the BNSS.

On merits, after going through the F.I.R., I find that the petitioners are the father-in-law, mother-in-law and husband of the victim. There is an allegation of demand of dowry and assault. It is also alleged that a huge amount and other materials was given as dowry at the time of marriage. In spite of that, demand increased and torture was meted upon the victim. There was physical assault, for which a Doctor’s report is also there.

Considering the aforesaid fact that the petitioners did not cooperate in the investigation as they did not appear pursuant to the Notice issued under Section 41A Cr.P.C. / Section 35(3) of the BNSS and also on merits, I am not inclined to grant anticipatory bail to these petitioners.

Accordingly, this Anticipatory Bail Application is dismissed.

The petitioners shall appear before the Court concerned, and their case will be considered as per law on their individual merits.

The presence of the Investigating Officer is dispensed with.