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2025 DAILYLAW 30853 (JHR)

MD KAMRUL SHEKH ALIAS KAMRUL SHEKH v. THE STATE OF JHARKHAND

A.B.A./8076/2024 · 2025-01-09

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.8076 of 2024 ------ Md. Kamrul Shekh @ Kamrul Shekh .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Safeda Bibi .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Lalit Yadav, Advocate For the State : Md. Azeemuddin, Addl.P.P ------ Order No.02 Dated- 09-01-2025 Heard the parties. Apprehending his arrest in connection with Complaint Case No.308 of 2023 instituted under Sections 498A, 323 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act, 1961, 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 treated her with cruelty in connection of demand of dowry. It is submitted that the allegation against the petitioner are all false and general and omnibus in nature. It is next submitted that the complainant is in the habit of living in her matrimonial house, hence, this false case has been foisted against the petitioner. 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 and to keep and maintain the 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 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 Judicial Magistrate-1st Class, Madhupur in connection with Complaint Case No.308 of 2023 with the condition that he will co-operate with the trial of the case and he will keep and maintain the 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/