Prem Kumar Hadi @ Prem Kumar Hari vs The State Of Jharkhand & Anr
2023 Latest Caselaw 3390 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
               A.B.A. No. 6311 of 2023
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Prem Kumar Hadi @ Prem Kumar Hari ... Petitioner Versus The State of Jharkhand & Anr. ... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Shekhar Pd. Sinha, Advocate For the State : Mr. Sardhu Mahto, Addl. P.P.

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Order No.02 Dated- 06.09.2023

Heard the parties.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with C.P. Case No.1945 of 2021 registered under sections 498A of the Indian Penal Code.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner being the husband of the complainant has treated the complainant with cruelty in connection with demand of dowry. It is further submitted that the allegations against the petitioner are all false. It is next submitted that the petitioner is ready and willing to resume conjugal life with the complainant-opposite party no.2 but as the complainant-opposite party no.2 is not desirous of resuming conjugal life with the petitioner hence, this false complaint has been foisted by the complainant. It is then submitted that the Family Court, Dhanbad has passed an order for restitution of conjugal life on 17.05.2023 in Original Suit No. 192 of 2022, the copy of certified copy of the judgment of which has been kept at annexure-2 of the brief. It is then submitted that the petitioner undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released 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 Judicial Magistrate -1st Class, Dhanbad, in connection with C.P. Case No.1945 of 2021 with the condition that the petitioner will cooperate with the trial of the case with further condition that the petitioner will keep and maintain the complainant-opposite party no.2 with full dignity and honour as his lawful wife if and when the complainant- opposite party no.2 is ready and willing to resume conjugal life with the petitioner subject to the conditions laid down under section 438 (2) Cr. P.C.

(Anil Kumar Choudhary, J.) Sonu/Gunjan-