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2025 DAILYLAW 24547 (JHR)

SANTOSH KUMAR THAKUR v. THE STATE OF JHARKHAND

A.B.A./6357/2024 · 2025-02-05

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.6357 of 2024 ------ Santosh Kumar Thakur aged about 33 years, son of Doman Thakur, residence of Village- Chapuwadih, P.O. & P.S.- Chapuwadih, District- Giridih, Jharkhand. .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Shanti Kumari wife of Santosh Kumar Thakur, Daughter of Jaldhar Bhandari, present resident at Hanuman Nagar, Bawri Para, P.O.- Dudhani, P.S.- Dumka (Town), District- Dumka, Jharkhand. .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Abhishek Kumar, Advocate For the State : Mr. Sanjay Kr. Srivastava, Addl. P.P For the O.P. No.2 : Mr. Jagat Kr. Soni, Advocate ------ Order No.07 Dated- 05-02-2025 Heard the parties. Apprehending his arrest in connection with Dumka (Town) P.S. Case No.54 of 2024 instituted under Sections 341, 323, 504, 506, 498A 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 some marital discord, this false case has been foisted against the petitioner. It is further submitted that the brother-in-law of the petitioner has filed a petition under Section 39 of the Cr.P.C. before the S.D.M, Madhupur, the copy of which has been kept at Annexure-2. 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 next submitted that the petitioner undertakes that he will not annoy or disturb the opposite party No.2 in any manner during the pendency of the case. 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 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 C.J.M., Dumka in connection with Dumka (Town) P.S. Case No.54 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 if and when she resumes conjugal life with him and he will not annoy or disturb her in any manner during the pendency 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/