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High Court of Jharkhand · body

2025 DAILYLAW 28331 (JHR)

LOB MANDAL v. THE STATE OF JHARKHAND

A.B.A./9465/2023 · 2025-01-15

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 9465 of 2023 Lob Mandal @ Love Mandal aged about 36 years son of Suresh Mandal resident of Village Jhopro, P.O.+P.S.- Balidih District- Bokaro. … Petitioner Versus 1. The State of Jharkhand 2. Jhunu Mandal wife of Lob Mandal @ Love Mandal, daughter of Upen Mandal at present residing at Village Nengtasahi, P.O.+P.S.- Seraikella, District - Seraikella (Kharsawan) … Opp. Parties Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Shambhu Nath Tiwari , Adv. Mr. Rohit Agarwal , Adv. For the State : Mr. Ajay Kumar , Addl.PP For the opp. party no. 2 : Mr. Manish Kumar , Adv. 09 / 15.01.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Seraikella P.S. Case No. 142 of 2022 registered under Sections 323, 498A, 34, 341, of the Indian Penal Code and Section 3/4 of the D.P.Act. 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 the opposite party no. 2 with cruelty in connection with demand of dowry and caused simple hurt. It is then submitted that the allegations against the petitioner are all false and because of marital discord, this false case has been foisted against the petitioner. It is further submitted by the learned counsel for the petitioner that the petitioner is ready to resume conjugal life with the opp. party no. 2. It is next submitted that the petitioner is ready to co-operate with the trial of the case and undertakes to furnish sufficient security including cash security. It is next submitted that the petitioner undertakes to keep and maintain the opposite party no. 2 with full dignity and honour as his lawful wife, as and when the opposite party no. 2, becomes ready to resume conjugal life with the petitioner hence, the petitioner be given the privilege of anticipatory bail. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on depositing Rs. 25,000/- as cash security 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 CJM, Seraikella in connection with Seraikella P.S. Case No. 142 of 2022 subject to the condition that the petitioner will keep and maintain the opposite party no. 2 with full dignity and honour as his lawful wife, as and when the opposite party no. 2, becomes ready to resume conjugal life with the petitioner and will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under section 438 (2) of CrPC. (ANIL KUMAR CHOUDHARY, J.) Smita/-