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2025 DAILYLAW 33818 (JHR)

BISHWANATH TOPPO ALIAS VISHWANATH TOPPO v. THE STATE OF JHARKHAND

A.B.A./1283/2025 · 2025-02-24

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1283 of 2025 ------ Bishwanath Toppo @ Vishwanath Toppo, aged about 35 years, son of Chilgu Toppo @ Chilgu Oraon, resident of Puggu, P.O.-Armai, P.S.-Gumla, Dist.-Gumla … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Amit Kr. Choubey, Advocate For the State : Mr. Gautam Rakesh, Addl. P.P. ------ Order No.02 Dated- 24.02.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Gumla (Mahila) P.S. Case No.17 of 2024 registered under sections 341/323/325/307/498A/506/504/34 of the Indian Penal Code and under Section 3/4 of D.P. Act. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of common intention with the co-accused persons treated the informant with cruelty in connection with demand of dowry and attempted to murder her. It is further submitted that the allegations against the petitioner are all false and are general and omnibus in nature. It is then submitted that the informant has not sustained any injury. It is next submitted that the petitioner is still ready and willing to resume conjugal life with the informant and will keep and maintain the informant with full dignity and honour if and when the informant is ready and willing to resume conjugal life with the petitioner. It is further submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case and further undertakes that he will not annoy or disturb the informant in any manner during the pendency of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.25,000/- and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Gumla, in connection Gumla (Mahila) P.S. Case No.17 of 2024 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case with further condition that the petitioner will keep and maintain the informant with full dignity and honour as his lawful wife; if and when the informant is ready and willing to resume conjugal life with the petitioner and will not annoy or disturb the informant or any of his family members in any manner during the pendency of the case subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-