Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 27481 (JHR)

SAMPAD DEY v. THE STATE OF JHARKHAND

A.B.A./7106/2024 · 2025-04-09

Anil Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2025:JHHC:11051 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.7106 of 2024 ------ Sampad Dey, 38 years, son of Tapan Kumar Dey residing at House No.1, Village-Kura, P.O.-Kura, P.S. Pindrajora, District-Bokaro (Jharkhand). .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Suvarna Sen @ Priya Dey, aged about 25 years, wife of Sampad Dey and daughter of Akal Kumar Sen @ Alok Sen, resident of Village-Bharajori, P.O.-Kodia, P.S.-Chandankiyari, Dist.-Bokaro (Jharkhand), at present residing at 2 No. Bhuli Quarter Singh Nagar Jharia, P.O. & P.S.-Jharia, District-Dhanbad (Jharkhand). .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Amaresh Kumar, Advocate For the State : Mr. Gautam Rakesh, Addl.P.P. For the OP 2 : Mr. Randhir Kumar, Advocate : Mr. Nisith Kr. Sahani, Advocate ------ Order No.05 Dated- 09/04/2025 I.A. No.3896 of 2025 Heard the parties. Learned counsel for the petitioner submits that this interlocutory application has been filed with a prayer for early hearing of the instant anticipatory bail application. Since, the hearing of instant anticipatory bail application is taken up today, hence, this interlocutory application stands disposed of being infructuous. (Anil Kumar Choudhary, J.) A.B.A. No.7106 of 2024 Apprehending his arrest in connection with C.P. Case No.5615 of 2024 instituted for the offences punishable under Sections 498A/34 of Indian Penal Code and Section 4 of D.P. 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 treated her with cruelty in connection with demand of dowry. It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner first filed Original Suit No.43 of 2022 for dissolution of his marriage on 18.01.2022 with the complainant which upon being transferred to Dhanbad and has been renumbered as O.S. No.280 of 2023 which was dismissed for non-prosecution on 16.01.2024 by the Additional Family Judge-II, Dhanbad. It is then submitted that the petitioner again filed O.S. No.164 of 2024 for dissolution of his marriage at Bokaro under Hindu Marriage Act and the case was filed at Bokaro. It is next submitted that after institution of the O.S. No.43 of 2022, this complaint case has been filed by the complainant; only to harass the petitioner. It is next submitted that the allegation against the petitioner is general and omnibus in nature. It is also submitted that the petitioner undertakes that 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. It is lastly 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 and the learned counsel for the opposite party no.2/complainant 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 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 A.C.J.M., Dhanbad in connection with C.P. Case No.5615 of 2024 with the condition that he will co-operate with the trial of the case and he will not annoy or disturb the informant/opposite party no.2 or any of her family members 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.) Abhiraj/