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2025 DAILYLAW 7637 (JHR)

GOUTAM MODI ALIAS GOUTAM KR PODDAR v. THE STATE OF JHARKHAND

A.B.A./1842/2025 · 2025-03-25

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1842 of 2025 ------ Goutam Modi @ Goutam Kr. Poddar son of Gopal Modi, aged about 35 years, resident of village Jaunka, Police Station & Post Office Taljhari, District-Dumka. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Lalit Yadav, Advocate For the State : Mr. Bishambhar Shastri, Addl.P.P. ------ Order No.02 Dated- 25/03/2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privileges of anticipatory bail in connection with Taljhari P.S. Case No.30 of 2024 registered under sections 80(2), 3(5) of the B.N.S., 2023. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner being the husband of the deceased Kajal Kumari committed her dowry death. It is further submitted that the allegations against the petitioner are all false. It is next submitted drawing attention of this Court to the copy of the certified copy of the joint compromise petition filed by the parties in the Court of Sessions Judge, Dumka that therein it has been categorically mentioned that parties have amicably settled their dispute. It is next submitted that FIR was lodged by the informant under some mistaken notion but after the inquiry, informant came to know that the petitioner and his family members has got nothing to do in the suicide of the deceased Kajal Kumari. It is next submitted that the children of the deceased are residing with the petitioner and are well maintained by the petitioner, hence, the informant does not want to proceed with the case. It is next submitted that the occurrence took place while the deceased was in the house with the parents of the petitioner but the petitioner was not present. It is further submitted that the petitioner undertakes that he will not disturb or annoy the informant or his family members in any manner during the pendency of the case. 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. Hence, it is submitted that the petitioner be given the privileges 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 above named petitioner be given the privileges of anticipatory bail. Hence, in the event of his arrest or surrendering within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.20,000/- 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 Nyayadhikari-cum-Judicial Magistrate, 1st Class, Gram Nyayalay, Jarmundi, Dumka, in connection with Taljhari P.S. Case No.30 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 and he will not disturb or annoy the informant or 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.) Abhiraj/