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2025 DAILYLAW 8633 (JHR)

PAWAN KUMAR v. THE STATE OF JHARKHAND

A.B.A./1971/2025 · 2025-03-26

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1971 of 2025 ------ Pawan Kumar, Son of Teko Chand Kumhar, Aged about 36 years, resident of Bhuli Basti, Kumhar Tola, Dharjori P.O. + P.S.- Bhuli, Dist- Dhanbad, Jharkhand .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Babita Devi, W/o- Pawan Kumar D/O- Hiraman Pandit, resident of Present Address- Surhi, P.O. + P.S.- Nawadih, Dist.- Bokaro,Jharkhand .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Santosh Kumar, Advocate For the State : Mr. Jitendra Pandey, Addl. P.P ------ Order No.02 Dated- 26-03-2025 Heard the parties. Apprehending his arrest in connection with Complaint Case No.375 of 2022 instituted for the offences punishable under Sections 498A and 323 of the Indian Penal Code and cognizance has been taken under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition 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 informant/opposite party No.2, 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 some marital discord, this false case has been foisted against the petitioner. It is next submitted that the petitioner undertakes to co-operate with the trial of the case and to keep and maintain the opposite party No.2 with full honour and dignity as his lawful wife if and when she resumes conjugal life with him. It is further submitted that the petitioner undertakes that he will not annoy or disturb the opposite party No.2 in any manner during the pendency of the case. It is lastly submitted that the petitioner undertakes 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 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 A.C.J.M., Bermo at Tenughat in connection with Complaint Case No.375 of 2022 with the condition that he will co-operate with the trial of the case and he will keep and maintain the opposite party No.2 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.) Animesh/