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2025 DAILYLAW 3368 (JHR)

SAMIR PRASAD v. THE STATE OF JHARKHAND

A.B.A./376/2025 · 2025-01-24

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.376 of 2025 ------ Samir Prasad, aged about 42 years, S/o Late Chamuram Machhua, R/O Village- Deoltarn, Ichagarh, P.O.- Deoltarn, P.S. Ichagarh, District- Saraikela Kharsawan, At present Village- Khelgaon, P.O.- Gari Hotwar, P.S.- Sadar Ranchi, District Ranchi. .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Deepa Kumari, Aged about 26 years, W/O Samir Prasad, R/O Village- Deoltarn, Ichagarh, P.O. Deoltarn, P.S. Ichagarh, District- Saraikela Kharsawan .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Sunil Kr. Ganjhu, Advocate Mr. Ashok Kr. Goel, Advocate For the State : Ms. Amrita Kumari, Addl. P.P ------ Order No.02 Dated- 24-01-2025 Heard the parties. Apprehending his arrest in connection with Complaint Case No.54 of 2024 instituted under Sections 341, 323, 498A 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 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 her with cruelty in connection with demand of dowry. 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 some marital discord, this false case has been foisted against the petitioner. It is further submitted that the petitioner undertakes to co-operate with the trial of the case and to keep and maintain the opposite party No.2 with full honour and dignity as his lawful wife if and when she resumes conjugal life with him. It is next submitted that the petitioner undertakes that he will not annoy or disturb the opposite party No.2 in any manner during the pendency of the case. It is lastly submitted that the petitioner undertakes to furnish sufficient security including cash security. 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 bail 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 C.J.M., Khunti in connection with Complaint Case No.54 of 2024 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 if and when she resumes conjugal life with him and he will not annoy or disturb her in any manner 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/