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2025 DAILYLAW 9278 (JHR)

UMESH TURI v. THE STATE OF JHARKHAND

A.B.A./2362/2023 · 2025-03-20

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2362 of 2023 ------ Umesh Turi aged about 37 years S/o Badri Turi resident of Village Hadodih, P.O.- Bengabad, P.S. Bengabad, District Giridih .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Chameli Devi Wife of Umesh Turi, D/o Bhuneshwar Turi, resident of Village Hadodih, P.O. and P.S. Bengabad, District Giridih at present residing C/o Bhuneshwar Turi, Village Tola Harkatto, P.S. Giridih Miffasil, P.O. Giridih, District Giridih .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Avishek Chandra, Advocate For the State : Mr. Arup Kr. Dey, Addl. P.P For the O.P. No.2 : Mr. Yogesh Modi, Advocate ------ Order No.09 Dated- 20-03-2025 Heard the parties. Apprehending his arrest in connection with Complaint Case No.1390 of 2018 instituted under Sections 498A/ 34 of the Indian Penal Code and Section 3 & 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 complainant/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 petitioner has not solemnized marriage with any other lady except the complainant and the allegation made by the complainant that the petitioner has solemnized marriage with one Sulekha Kumari is out and out false. It is further 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 next 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 and he will not have any relationship with any other lady except the complainant. 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 being assisted by the learned counsel for the opposite party No.2 oppose 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 J.M.- 1st Class, Giridih in connection with Complaint Case No.1390 of 2018 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 he will not have any relationship with any other lady except the complainant and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Choudhary, J.) Animesh/