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2025 DAILYLAW 7829 (JHR)

THAKUR PANDIT v. THE STATE OF JHARKHAND

A.B.A./1814/2025 · 2025-03-24

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1814 of 2025 ------ Thakur Pandit aged about 24 years son of Aklu Pandit Resident of Village- Bhalpahari, P.O. & P.S.- Taratand, District- Giridih .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Janki Kumari @ Janki Devi wife of Thakur Pandit & d/o Bhuneshwar Pandit Resident of Village- Sonapahari, P.O.- Palmo, P.S.- Giridih (M), District- Giridih .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Shree Nivas Roy, Advocate For the State : Ms. Lily Sahay, Addl.P.P ------ Order No.02 Dated-24-03-2025 Heard the parties. Apprehending his arrest in connection with Complaint Case No.1885 of 2023 instituted under Sections 498A/386/307/120B of the Indian Penal Code but subsequently cognizance has been taken only under Sections 498A and Sections 3/4 of the Dowry Prohibition Act, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing 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 next submitted that the allegations against the petitioner are all false and general and omnibus in nature. It is then submitted that because of marital discord, this false case has been instituted against the petitioner. It is then submitted that the petitioner undertakes that he will not annoy or disturb the complainant-opposite party No.2 or any of her family members in any manner during the pendency of the case and also undertakes to keep and maintain the complainant-opposite party No.2 with full honour and dignity as his lawful wife if and when she resumes conjugal life with him. It is lastly submitted that petitioner undertakes to cooperate with the trial of the case and 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 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 the date of the order 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 Judicial Magistrate-1st Class, Giridih in connection with Complaint Case No.1885 of 2023 with the condition that he will co- operate with the trial of the case and he will not annoy or disturb the complainant-opposite party No.2 or any of her family members in any manner during the pendency of the case and he will keep and maintain the complainant-opposite party No.2 with full honour and dignity as his lawful wife if 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.) Saroj/