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2025 DAILYLAW 8238 (JHR)

RAKESH KUMAR TIWARI v. THE STATE OF JHARKHAND

A.B.A./1808/2025 · 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.1808 of 2025 ------ Rakesh Kumar Tiwari, aged 34 years, S/o Ramakant Tiwari, R/o Village- Karuakala, P.O.- Dumariya, P.S.- Garhwa, Dist.- Garhwa .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Ashok Kumar, Advocate For the State : Mr. Sanat Kumar Jha, Addl.P.P For the Informant : Mr. Raj Vardhan, Advocate ------ Order No.02 Dated-24-03-2025 Heard the parties. Apprehending his arrest in connection with Garhwa (Mahila) P.S. Case No.01 of 2025 instituted for the offences punishable under Sections 85/126(2)/115(2)/352/351(2)/3(5) of the B.N.S., 2023 and Section 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 treated the informant with cruelty in connection with demand of dowry. It is submitted that the allegations against the petitioner are all false and are general and omnibus in nature. Drawing attention of this court towards para-14 of the instant bail application, learned counsel for the petitioner next submits that the petitioner has no criminal antecedent. It is jointly submitted by the learned counsel for the petitioner and the informant that both the petitioner and the informant are ready and willing to resume their conjugal life and the petitioner undertakes to keep and maintain the informant with full honour and dignity as his lawful wife; if and when she resumes conjugal life with him. It is further submitted that petitioner 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. appearing for the State on the other hand opposes the prayer for the 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 learned trial court on 09.04.2025 and the informant is also directed to appear before the learned trial court on that date; in case the petitioner appears and surrenders before the learned trial court on 09.04.2025, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Garhwa in connection with Garhwa (Mahila) P.S. Case No.01 of 2025 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile numbers and photocopy of the Aadhar Cards with an undertaking that he will not change his mobile number during the pendency of the case and he will take the informant to his house and keep and maintain the informant with full honour and dignity as his lawful wife and further conditions as laid down 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. In case the informant does not appear before the learned trial court on 09.04.2025 or refuses to resume conjugal life with the petitioner, still the petitioner shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Garhwa in connection with Garhwa (Mahila) P.S. Case No.01 of 2025 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile numbers and photocopy of the Aadhar Cards with an undertaking that he will not change his mobile number during the pendency of the case and he will keep and maintain the informant with full honour and dignity as his lawful wife if and when she resumes conjugal life with him and further conditions as laid down 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Saroj/