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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.4088 of 2024
------ Jitendra Prajapati, aged about 26 years, S/o Sri Dilip Prajapati, Resident of Village- Bauta Hazam, P.O. & P.S.- Silli, District- Ranchi, Jharkhand. .... .... …. Petitioner
Versus
1. The State of Jharkhand
2. Yamuna Kumari, D/o Sri Chandi Modak and W/o Sri Jitendra Prajapati, Resident of Pathardih, Hat Tola, P.O.- Patherdih, P.S.- Sudamdih District- Dhanbad, Jharkhand.
.... .... .... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Anjani Nandan, Advocate
For the State
: Mr. Gautam Rakesh, Addl.P.P
For the O.P. No.2 : Ms. Akhilesh Kumar Singh, Advocate
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Order No.10 Dated-14-02-2025
Heard the parties.
Apprehending his arrest in connection with Complaint Case No.05 of 2024 instituted under Sections 323/498A/406/384/506/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner treated the opposite party No.2- complainant with cruelty in connection with demand of dowry. It is submitted that the allegation against the petitioner is false. Drawing attention of this court towards para-20 of the instant bail application, learned counsel for the petitioner next submits that the petitioner has no criminal antecedent. It is jointly submitted by the learned counsel for the petitioner and the opposite party No.2 that both the petitioner and the opposite party No.2-complainant are ready and willing to resume their conjugal life and the petitioner undertakes to keep and maintain the opposite party No.2- complainant with full honour and dignity as his lawful wife if and when she resumes conjugal life with him. It is further submitted that petitioner
undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the learned trial court on 10.03.2025 and the opposite party No.2- complainant is also directed to appear before the learned trial court on that date; in case the petitioner appears and surrenders before the learned trial court on 10.03.2025, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Dhanbad in connection with Complaint Case No.05 of 2024 with the condition that he will co-operate with the trial of the case and he will take the opposite party No.2-complainant to his house and keep and maintain the opposite party No.2-complainant with full honour and dignity as his lawful wife and further conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
In case the opposite party No.2 does not appear before the learned trial court on 10.03.2025 or refuges to resume conjugal life with the petitioner, still the petitioner shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Dhanbad in connection with Complaint Case No.05 of 2024 with the condition that he will co- operate with the trial of the case and he will keep and maintain the opposite party No.2-complainant with full honour and dignity as his lawful wife if and when she resumes conjugal life with him and further conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Choudhary, J.) Saroj/