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2025 DAILYLAW 17792 (JHR)

ATUL KUMAR BARNWAL v. THE STATE OF JHARKHAND

A.B.A./4172/2024 · 2025-02-25

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.4172 of 2024 ------ Atul Kumar Barnwal @ Atul Kumar Baranwal, aged about 42 years son of Bhola Nath Barnwal, resident of Vaishnavi Apartment, Amethia Nagar Gas Godown Road, P.O. & P.S. Namkom, District- Ranchi. .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Sangeeta Devi aged about 38 years W/o Atul Kumar Barnwal D/o Banwari Sahu, resident of Krishinapuri Colony Road No.2, P.O. & P.S. Chutia, District-Ranchi. .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Arun Kumar, Advocate For the State : Mrs. Anuradha Sahay, Addl.P.P. For the OP 2 : Mr. Pratyush Shounikya, Advocate ------ Order No.09 Dated- 25/02/2025 Heard the parties. Apprehending his arrest in connection with Namkum P.S. Case No.131 of 2024 instituted under Sections 341/323/498A/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 for the petitioner submits that the allegation against the petitioner is that the petitioner being the husband of the informant/opposite party No.2, treated her 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. It is next submitted that because of marital discord between the parties, this false case has been foisted against the petitioner. It is further submitted that the petitioner undertakes to co-operate with the investigation of the case and to keep and maintain the opposite party No.2 with full honour and dignity as his lawful wife, if and when she resumes conjugal life with him. It is lastly submitted that the petitioner undertakes to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl.P.P appearing for the State and learned counsel for the opposite party no2. on the other hand vehemently oppose the prayer for anticipatory bail of the petitioner and learned counsel for the opposite party no.2 submits that the first wife of the petitioner instituted Khaira P.S. Case No.126 of 2009 against the petitioner in the State of Bihar. 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 Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.25,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Ranchi in connection with Namkum P.S. Case No.131 of 2024 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and he will keep and maintain the opposite party No.2 with full honour and dignity as his lawful wife as 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.) Abhiraj/