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2025 DAILYLAW 18347 (JHR)

ASHISH KUMAR v. THE STATE OF JHARKHAND

A.B.A./5518/2023 · 2025-01-27

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.5518 of 2023 ------ Ashish Kumar @ Ashish Kumar Rana, aged about 27 years, son of Arjun Kumar, resident of village- Jharna, Badgunda Khurd, P.O.- Baddiha, P.S. & District- Giridih. .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Shila Devi, aged about 25 years, wife of Ashish Kumar, Daughter of Premchand Vishwakarma, Resident of village- Jharna, Badgunda Khurd, P.O.- Baddiha, P.S. & District – Giridih. .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Ms. Pinki Kumari, Advocate For the State : Md. Azeemuddin, Addl.P.P. ------ Order No.07 Dated-27-01-2025 Heard the parties. Apprehending his arrest in connection with Complaint Case No.1134 of 2022 instituted under Sections 323/325/498A of the Indian Penal Code and Sections 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 being the husband of the complainant-opposite party No.2 has treated the complainant with cruelty and has married again during the life time of the complainant, who is his wife. It is submitted that the allegation against the petitioner is false and general and omnibus in nature. It is next submitted that the petitioner undertakes that he will not annoy or disturb the complainant-opposite party No.2 or any of her family member in any manner during the pendency of the case. It is further submitted that the petitioner undertakes to co-operate with the trial of the case and to furnish sufficient security including cash security and also undertakes to keep and maintain the complainant-opposite party No.2 with full honour and dignity as his lawful wife, if and when she resumes conjugal life with him. 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. 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 Judicial Magistrate-1st Class, Koderma in connection with Complaint Case No.1134 of 2022 with the condition that he will co-operate with the trial of the case and he will not annoy or disturb the complainant-opposite party No.2 or any of her family members in any manner during the pendency of the case and to keep and maintain the complainant-opposite party No.2 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/