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2025 DAILYLAW 18295 (JHR)

PRASHANT SHAHI ALIAS PRASHANT v. THE STATE OF JHARKHAND

A.B.A./4262/2024 · 2025-07-09

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:18542 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.4262 of 2024 ------ Prashant Shahi @ Prashant, aged about 35 years, S/o Pradeep Kumar Shahi, R/o Road No.15, Krishnapuri, Chutia, P.O. GPO & P.S. Chutia, District- Ranchi, Jharkhand. … … Petitioner Versus The State of Jharkhand. … … Opposite Party ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. R.S. Mazumdar, Sr. Advocate Mr. Baibhav Gahlaut, Advocate For the State : Mr. S.K. Verma, APP For the Informant : Mr. Sanjay Kumar Singh, Advocate ----- 11/ 09.07.2025 Heard the parties. 2. This anticipatory bail application under Sections 438 & 440 of the Code of Criminal Procedure, 1973, has been preferred by the petitioner apprehending his arrest for offences under Sections 498A, 323, 341, 504, 506, & 34 of the IPC, 1860 and under Sections, 3 & 4 of the Dowry Prohibition Act, 1961. 3. It is alleged that the informant is the wife of the petitioner and they got married on 11.05.2022. It is further alleged that after the wedding, from the very first day, the accused persons started pressuring the informant to bring INR 5,00,000/- as dowry from her father. When the informant refused to ask her father for money, the accused persons started mentally harassing the informant in various ways, and they even separated the informant from the petitioner. It is further alleged that when the informant expressed her intention to stay with the petitioner, the mother-in- law of the informant assaulted her and threatened to hang her if she stayed. Fearful, the maternal family of the informant took back the informant to Bokaro. 4. Learned counsel for the petitioner submits that there is no allegation against the petitioner of assaulting the informant. The petitioner never demanded anything. He submits that the petitioner put his best effort to console the informant and even visited the informant at her maternal home. He lastly submits that 2025:JHHC:18542 2 the petitioner will cooperate in the investigation. 5. Learned A.P.P. representing the State and learned counsel for the informant opposes the prayer for anticipatory bail. 6. Considering the fact that this is a matrimonial dispute and there is no allegation of assault against the petitioner and the undertaking that he will co-operate in investigation, I am inclined to allow this application. 7. Accordingly, this Anticipatory Bail Application stands allowed. The petitioner, above named, is directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of his surrender or arrest, he shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand), with two sureties of the like amount each, to the satisfaction of learned J.M. 1st Class-cum- Civil-Judge Jr. Div., Bokaro in connection with City Mahila P.S. Case No.01 of 2024, subject to the condition that one of the bailers should be a close relative of the petitioner and he should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which they are having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. 8. Further, the petitioner will appear before the I.O. in every 15 days till the final report is submitted. Further, he will give an undertaking that he will not delay the trial and he will ensure framing of charge if at all charge-sheet is filed as early as possible preferably within two months from the date of filing of the same. The Trial Court will the start the process under Section 263 of the BNSS within two months from the date of the filing of the charge- sheet. (ANANDA SEN, J.) Sandeep. Cp-3