Jharkhand High Court
Ravindra Singh Chawala vs The State Of Jharkhand on 8 August, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1493 of 2023
Ravinder Singh Chawla @
Ravindra Singh Chawala ...... Petitioner
Versus
1. The State of Jharkhand
2. Shreya Kaur ......Opposite parties
----------
CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
-----
For the Petitioner : Mr. Shailesh Kr. Singh, Advocate
For the State : Mr. Someshwar Roy, Addl.P.P
For the O. P. No. 2 : Mr. Niranjan Singh, Advocate
.....
Order No.10/ Dated:08.08.2023
1. Heard learned counsel for the parties.
2. Apprehending his arrest in connection with Bankmore P.S. Case No. 262 of
2022 instituted under Sections 498(A)/ 406/ 34 of the Indian Penal Code & 3/4
of D.P. Act, the petitioner has moved to this Court for grant of privilege of
anticipatory bail.
3. As per F.I.R, there is allegation of demand of dowry from the informant and
assaulting her in inhumane manner.
4. Learned counsel for the petitioner has submitted that petitioner is innocent
and has committed no offence at all rather he has been falsely implicated in
this case. Admittedly, his marriage was solemnized with the informant on
19.10.2021. After marriage the informant joined the matrimonial home.
Informant being munda Punjabi does not believe in wearing the turban and
insisted the petitioner to take out the turban and cut his hair. Petitioner was not
comfortable with the suggestion of the informant, then she started pressuring
the petitioner from her family members also and lodged this false and
fabricated case of demand of cash of Rs. 10,00,000/- (Ten Lacs) and I-20 car
as additional dowry. It is further submitted that it is a case of misusing the
provision of woman centric law. Real fact is that informant left the house of
the petitioner after two months of marriage, when the petitioner went to bring
his wife, she flatly refused to join the company. Still she is not ready to
discharge her conjugal obligation. She was also physically present before the
court but is not ready to go to her matrimonial home expressing some baseless
apprehension. It is further submitted that informant has complained of physical
assault but no medical examination report has been filed in this case or
collected by the I.O. Petitioner has complied the notice issued under Section
41(A) Cr.pc. and still undertakes to co-operate with the further investigation
and abide by all terms and conditions which may be imposed in the matter of
granting anticipatory bail to the petitioner. Hence, the petitioner may be
extended the privilege of anticipatory bail.
5. Learned Addl.P.P appearing for the State assisted with learned counsel for
the informant opposes the prayer for anticipatory bail of the petitioner and
submitted that there is direct and specific allegation of serious offence against
the petitioner about the demand of huge amount of money and four wheeler
vehicle, constant torture meted with the informant, hence, petitioner does not
deserve anticipatory bail.
6. Considering the rival submissions of the learned counsel for the parties and
on perusal of record, I find that there are general and omnibus allegation of
demand of additional dowry against the petitioner. During pendency of the
case petitioner was granted interim protection from arrest and he is co-
operating in the investigation and undertakes to further co-operate in the
investigation of the case,
7. Keeping in view the ratio of Judgment of Hon'ble Apex Court in the case,
Arnesh Kumar Vs. State of Bihar & Anr. report in (2014)8 SCC 273, I am
inclined to grant privilege of anticipatory bail to the petitioner. Accordingly,
the petitioner is directed to surrender in the Court below within four weeks
from today and in the event of his arrest or surrendering, he will be enlarged on
bail 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 J.M. 1st
Class, Dhanbad in connection with Bankmore P.S. Case No. 262 of 2022 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 number and photocopy of the Aadhar Card with an undertaking that
he will not change his mobile number during the pendency of the case and
subject to the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure.
(Pradeep Kumar Srivastava, J.)
R.K/
