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2025 DAILYLAW 29108 (JHR)

PRASAD TANTU BAI v. THE STATE OF JHARKHAND

A.B.A./8084/2024 · 2025-01-16

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.8084 of 2024 ------ 1. Prasad Tantu Bai aged about 31 years, son of Rathu Tantu Bai resident of VTC-Santuri, P.O. and P.S.- Santuri, District- Purulia, West Bengal. 2. Rathu Tantu Bai @ Rathu Tannu Bai, aged about 62 years, son of Shambhunath Tantu Bai, resident of Santuri, P.O. and P.S.- Santuri, District- Purlia, West Bengal 3. Reba Tantu Bai @ Rebati Tantu, aged about 54 years, Daughter of Bhaktipada das, resident of Santuri, P.O. and P.S.- Santuri, District- Puruliya, West Bengal .... .... …. Petitioners Versus 1. The State of Jharkhand 2. Babita Kumari wife of Prasad Tantu Bai, resident of Chora Tola Manjhidih, P.O. and P.S.- Kasmar, District- Bokaro, Jharkhand .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Ms. Seema Kashyap, Advocate For the State : Mr. Abhay Kr. Tiwari, Addl. P.P ------ Order No.02 Dated- 16-01-2025 Heard the parties. Apprehending their arrest in connection with Kasmar P.S. Case No.107 of 2023 corresponding to G.R. No.1471 of 2023 instituted under Sections 498- A, 323, 341, 379, 354, 313, 34 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners are respectively the husband, father-in-law and mother-in-law of the informant/opposite party No.2 have treated her with cruelty in connection with demand of dowry and committed theft of her Streedhan and outraged her modesty and caused miscarriage of her child without her consent. It is submitted that the allegations against the petitioners are false and general and omnibus in nature. It is next submitted that the informant/opposite party No.2 was mentally disturbed prior to her marriage and suppressing this fact, the marriage of the informant/opposite party No.2 was solemnized with the petitioner No.1 and in this respect, learned counsel for the petitioner draws the attention of court towards the prescription of the doctor who treated the informant/opposite party No.2, copy of the same has been kept at Annexure-2. It is further submitted that there is absolutely no document filed in support of the injuries sustained by the victim. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.20,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Bermo at Tenughat in connection with Kasmar P.S. Case No.107 of 2023 corresponding to G.R. No.1471 of 2023 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their 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. (Anil Kumar Choudhary, J.) Animesh/