BISWAJIT KUMAR DEY ALIAS VISHWAJEET DEY ALIAS VISHWAJEET KUMAR v. THE STATE OF JHARKHAND
A.B.A./7406/2024 · 2025-04-11
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28585 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28585 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:JHHC:11185] IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.7406 of 2024
------ Biswajit Kumar Dey @ Vishwajeet Dey @ Vishwajeet Kumar age about 32 years S/o Late Arun Kumar Dey R/o Angarabari, P.O.- Angarabari, P.S. Torpa, Dist- Khunti .... .... …. Petitioner
Versus
1. The State of Jharkhand
2. Deepika Kundu aged about 27 years W/o Biswajit Kumar Dey @ Vishwajeet Dey @ Vishwajeet Kumar and D/o Kisun Kundu R/o Angarabari, P.O.- Angarabari, P.S. Torpa, Dist- Khunti
.... .... .... Opposite Parties
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Baban Prasad, Advocate
Mr. Amit Kumar, Advocate
For the State
: Mr. Shree Prakash Jha, Addl. P.P
For the O.P. No.2 : Ms. Nivedita Kundu, Advocate
------
Order No.05 Dated- 11-04-2025 I.A. No.4382 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.7406 of 2024
Apprehending his arrest in connection with Torpa P.S. Case No.43 of 2024 instituted for the offences punishable under Sections 498-A, 506 of the Indian Penal Code, Section 3/4 of the Dowry Prohibition Act and Section 12 of the Protection of Women from Domestic Violence Act, 2005, the petitioner has moved this Court for grant of privileges of anticipatory bail.
2.
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 with demand of dowry and caused hurt to her. 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 agreed to between the parties that both the petitioner and opposite party No.2 will appear before the trial court on 21.05.2025 and on that date the petitioner will take the opposite party No.2 to his house with an undertaking that he will keep and maintain her with full honour and dignity as his lawful wife.
Learned counsel for the petitioner lastly submits that the petitioner undertakes to co-operate with the investigation of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. 3. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner. 4. 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 21.05.2025 and in case the petitioner appears and surrenders before the learned trial court on 21.05.2025, he will be enlarged on bail on taking the opposite party No.2 to his house with an undertaking that he will keep and maintain her 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 S.D.J.M., Khunti in connection with Torpa P.S. Case No.43 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 further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5.
5. In case the opposite party No.2 does not appear before the learned court below on 21.05.2025 or refuses to resume conjugal life with the
petitioner, still the petitioner will be enlarged on bail on 21.05.2025 on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Khunti in connection with Torpa P.S. Case No.43 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 with further condition that he will resume conjugal life with the opposite party No.2 as and when the 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 further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Animesh/