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2025 DAILYLAW 22268 (JHR)

OM PRAKASH LOHAR v. THE STATE OF JHARKHAND

A.B.A./5515/2024 · 2025-01-20

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.5515 of 2024 ------ Om Prakash Lohar, aged about 25 years, Son of Shri Gonelal Lohar @ Sonalal Lohar, Resident of Village- Bansdiha, P.O.- Lohandia Bazar, P.S.- Lalmatia, District- Godda (Jharkhand) .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Jyoti Kumari, Wife of Shri Om Prakash Lohar, Daughter of Shri Satya Narayan Lohar, Resident of Village-Bansdiha, P.O. Lohandia Bazar, P.S.- Lalmatia, District- Godda presently residing at Village- Lohandia Basti, P.O. Lohandia Bazar, P.S.- Lalmatia, District- Godda (Jharkhand) .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Sumit Prakash, Advocate For the State : Mr. Sanjay Kr. Srivastava, Addl. P.P For the O.P. No.2 : Mr. Pankaj Kr. Choudhary, Advocate ------ Order No.06 Dated- 20-01-2025 Heard the parties. Apprehending his arrest in connection with Complaint Case No.1114 of 2023 corresponding to T.R. No.1843 of 2024 instituted under Sections 498A/323 of the Indian Penal Code and Section 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 complainant/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 then submitted that the opposite party No.2 was in love with someone else, hence, she was not desirous of marrying the petitioner but at the instance of her parents, she has married the petitioner. 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. 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 J.M.- 1st Class, Godda in connection with Complaint Case No.1114 of 2023 corresponding to T.R. No.1843 of 2024 with the condition that he will co- operate with the trial of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Animesh/