MOHAN PANDIT ALIAS MOHAN KUMAR v. THE STATE OF JHARKHAND
A.B.A./4880/2024 · 2025-03-20
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20666 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20666 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4880 of 2024
------ Mohan Pandit @ Mohan Kumar, aged about 25 years, S/o Binod Pandit, R/o Village –Mahuwar, P.O.+P.S. –Bengabad, District –Giridih. … Petitioner
Versus
1. State of Jharkhand
2. Rupa Kumari @ Rupa Devi, D/o Ashok Pandit, R/o Village+P.O.+P.S. –Taratand, District –Giridih.
… Opposite Parties
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Arwind Kumar, Advocate For the State
: Mr. Rakesh Kr. Sinha, Addl. P.P. For the O.P. No.2 : Mr. Mahesh Tewari, Advocate ------
Order No.05 Dated- 20.03.2025
Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Taratand P.S. Case No.26 of 2023 registered for the offences punishable under Sections 341/323/307/498A/120B/34 of the Indian Penal Code and under Section 3/4 of the D.P. Act. The 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 of demand of dowry and also attempted to murder her. It is further submitted that the allegations against the petitioner are all false and because of some marital discord between the petitioner and the informant, this false case has been foisted. It is next submitted that the petitioner is still ready and willing to resume conjugal life with the informant, as and when the informant is ready and willing to resume conjugal life with the petitioner. It is then submitted that the Family Court, Giridih has also allowed the prayer of the petitioner for restitution of conjugal life with the informant. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case and further undertakes that he will
not annoy or disturb the informant in any manner during the pendency of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Addl. P.P. and the learned counsel for the opposite party no.2 opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioner be given the privilege of anticipatory bail.
Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.25,000/- and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Giridih, in connection with Taratand P.S. Case No.26 of 2023 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case with further condition that that he will not annoy or disturb the informant in any manner during the pendency of the case and he will keep and maintain the informant with full dignity and honour as his lawful wife, if and when the informant resumes conjugal life with the petitioner and subject to the conditions laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.)
Sonu/Gunjan-