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2025 DAILYLAW 3843 (JHR)

VIKASH KUMAR YADAV ALIAS VIKASH YADAV v. THE STATE OF JHARKHAND

A.B.A./507/2025 · 2025-01-28

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.507 of 2025 ------ Vikash Kumar Yadav @ Vikash Yadav, aged 25 years, S/o Sanjay Yadav, R/o Village-Kharaundhi, P.O. & P.S.-Kharaundhi, Dist.- Garhwa, (Jharkhand). .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Mamta Devi, aged 22 years, D/o Pyari Yadav W/o Vikash Yadav, R/o Village Mirchaiya, P.O. & P.S.-Dhurki, District-Garhwa. .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Syed Tafazzul Sajid, Advocate For the State : Mr. Santosh Kr. Shukla, Addl.P.P. ------ Order No.02 Dated- 28/01/2025 Heard the parties. Apprehending his arrest in connection with Complaint Case No.229 of 2020 instituted under Sections 323, 379, 467, 468, 498A, 504, 506/34 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 for the petitioner submits that the allegation against the petitioner is that the petitioner being the husband of the informant/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 marital discord between the parties, 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 as and when she resumes conjugal life with him. 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 vehemently 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 A.C.J.M., Nagar Untari, Garhwa in connection with Complaint Case No.229 of 2020 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.) Abhiraj/