Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 6829 of 2024
------ Narayan Murmu, Aged about 34 years, Son of Maha Murmu, Resident of Village –Bodtola, P.O. & P.S. –Taljhari, District – Sahibganj. … Petitioner
Versus
1. The State of Jharkhand
2. Sunita Hansda, Daughter of Late Babulal Hansda, Resident of Village –Hijri, P.O. –Kamaldori, P.S. –Boarijore, District –Godda.
… Opposite Parties
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Manoj Kr. Sah, Advocate For the State
: Mr. Santosh Kr. Shukla, Addl. P.P. For the O.P. No.2 : Mr. Peeyush Krishna Choudhary, Advocate ------
Order No.04 Dated- 29.01.2025
Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Godda (Mahila) P.S. Case No.07 of 2023, corresponding to G.R. Case No. 1475 of 2023 registered under sections 341,342, 323, 498A, 313, 494, 504, 506 & 34 of the Indian Penal Code. 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 has treated her with cruelty in connection of demand of dowry and caused miscarriage of her child without her consent. It is further submitted that the allegations against the petitioner are all false and are general and omnibus in nature. It is jointly submitted by the learned counsel for the petitioner and the learned counsel for the informant-opposite party no.2 that both the petitioner and the opposite party no.2 are ready and willing to resume conjugal life. It is then submitted that the petitioner undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Addl. P.P appearing for the State submits that since both the petitioner and the informant-opposite party no.2 are ready and willing to resume conjugal life, he does not oppose 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 on 20.02.2025 and in case the petitioner surrenders before the learned trial court on 20.02.2025, he will be enlarged on bail on taking the informant-opposite party No.2 to his house with an undertaking that the petitioner will keep and maintain the informant-opposite party no.2 with full honour and dignity as his lawful wife 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 Chief Judicial Magistrate, Godda in connection with Godda (Mahila) P.S. Case No.07 of 2023, corresponding to G.R. Case No. 1475 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 subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
In case the opposite party No.2 does not appear in the learned court below on 20.02.2025 or refuses to resume conjugal life with the petitioner, still the petitioner shall be enlarged on bail on 20.02.2025 on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Godda in connection with Godda (Mahila) P.S. Case No.07 of 2023, corresponding to G.R. Case No. 1475 of 2023 with the condition that the petitioners 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 the petitioner will resume conjugal life with the informant-opposite party No.2 as and when the informant-opposite party No.2 joins him for resuming the conjugal life and keep and maintain her with dignity and honour as his lawful wife and subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.)
Sonu/Gunjan-