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High Court of Jharkhand · body

2025 DAILYLAW 30774 (JHR)

SUNIL RAWANI v. THE STATE OF JHARKHAND

A.B.A./131/2025 · 2025-01-17

Anil Kumar Choudhary

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.131 of 2025 ------ Sunil Rawani, Son of Late Raju Rawani, Aged about- 28 years, resident of village- Harino, P.O., P.S.- Chandwara, District- Koderma. .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Basanti Kumari, Wife of Sunil Rawani, Resident of village- Harino, P.O., P.S.- Chandwara, District- Koderma, at present resides at village- Telaiya Basti, P.O.- Jhumri Telaiya, P.S.- Telaiya, District- Koderma (Jharkhand). .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Diwakar Jha, Advocate For the State : Ms. Mohua Palit, Addl.P.P ------ Order No.02 Dated-17-01-2025 Heard the parties. Apprehending his arrest in connection with Complaint Case No.1388 of 2023 instituted under Sections 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition 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 opposite party No.2/complainant treated her with cruelty in connection with demand of dowry. It is submitted that the allegation against the petitioner is all false. It is next submitted that because of normal wear and tear in the marriage, this false case has been foisted against the petitioner. It is next submitted that the petitioner filed a petition for restitution of his conjugal rights which has been allowed by the Family Court, Koderma on 01.06.2023 vide Original Suit No.05 of 2023 and after that, this complaint case has been instituted. It is lastly submitted that the petitioner undertakes to co- operate with the trial of the case and to keep and maintain the complainant/opposite party No.2 with full honour and dignity as his lawful wife as and when she resumes conjugal life with him. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl.P.P appearing for the State opposes 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 furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Koderma in connection with Complaint Case No.1388 of 2023 with the condition that he will co-operate with the trial of the case and he will keep and maintain the complainant/opposite party No.2 with full honour and dignity as his lawful wife as and when she resumes conjugal life with him and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Saroj/