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2025 DAILYLAW 4108 (JHR)

SURYADEV KUMAR DIPAK ALIAS SURYADEO KR MODI ALIAS SURYADEO MODI ALIAS SURAJDEO KUMAR MODI ALIAS DEE v. THE STATE OF JHARKHAND

A.B.A./429/2024 · 2025-01-22

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 429 of 2024 ------ Suryadev Kumar Dipak @ Suryadeo Kr. Modi @ Suryadeo Modi @ Surajdeo Kumar Modi @ Deepak, aged about 33 years, S/o –Kishori Modi, resident of Ward No.9, Bazarpur, Markacho, P.O. & P.S. –Markacho, District –Koderma (Jharkhand) … Petitioner Versus 1. The State of Jharkhand 2. Rakhi Kumari, aged about 26 years, D/o Late Sukhdeo Modi, W/o Suryadev Kumar Dipak @ Suryadeo Kr. Modi @ Suryadeo Modi @ Dipak, residence of C/o Akshay Kumar @ Nitish Kumar (Akshay Electronics), D.V.C. Chowk, Jhumri Telaiya, P.O. & P.S. –Markacho, District – Koderma, (Jharkhand), Mob: 7004102783, 9135116411 … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Dhirendra Kr. Deo, Advocate For the State : Mr. Azeemuddin, Addl. P.P. For the O.P. No.2 : Mr. Akchansh Kishore, Advocate ------ Order No.14 Dated- 22.01.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Markacho P.S. Case No.42 of 2023 registered under sections 147/ 149/341/323/379/307/498A/504/506 of the Indian Penal Code and under Section 3/4 of the D.P. Act. The 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 of demand of dowry and attempted to murder her as well as committed theft of her jewelries. It is further submitted that the allegations against the petitioner are all false and the petitioner is still ready and willing to resume conjugal life with the informant-opposite party no.2 as and when she is ready and willing to resume conjugal life with the petitioner. It is then submitted that because of marital discord between the parties, this false case has been foisted. It is next submitted that the petitioner has filed a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal life in the Family Court, Koderma. It is then 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. and the learned counsel for the opposite party no.2 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 A.C.J.M., Koderma, in connection with Markacho P.S. Case No.42 of 2023 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 that he will not annoy or disturb the informant in any manner during the pendency of the case and will keep and maintain the informant with full dignity and honour as his lawful wife, as and when the informant becomes ready and willing to resume conjugal life and subject to the conditions laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-