Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 6642 (JHR)

PORESH BASKEY v. THE STATE OF JHARKHAND

A.B.A./1421/2025 · 2025-03-04

Anil Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1421 of 2025 ------ Poresh Baskey, aged about 35 years, son of Late Hari Baski, resident of Village Shyampur, P.O. Barmasia, P.S. Shikaripara, Dist.-Dumka .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Ruby Hembram wife of Poresh Baskey and daughter of Khagen Hembram, presently residing at village Kushpahari, P.O. Barmasia, P.S.-Shikaripara, Dist.-Dumka, Jharkhand .... .... ....Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Durga C. Mishra, Advocate For the State : Mr. Achinto Sen, Addl. P.P. ------ Order No.03 Dated- 04-03-2025 Heard the parties. Apprehending his arrest in connection with Complaint (P.C.R.) Case No.2681 of 2023 instituted under Sections 498-A, 323 and 379 of the Indian Penal Code and Section 3/4 of the D.P. 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, 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 investigation of the case and to keep and maintain the complainant with full honour and dignity as his lawful wife; if and when she resumes conjugal life with the petitioner. It is next submitted that the petitioner undertakes that he will not annoy or disturb the complainant in any manner during the pendency of the case. It is next submitted that the petitioner is ready to co- operate with the trial of the case and also undertake to furnish sufficient security including cash security hence, the petitioner be given the privilege 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., Dumka in connection with Complaint (P.C.R.) Case No.2681 of 2023 with the condition that he will co-operate with the trial of the case and he will keep and maintain the complainant 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.) Rohit/