Mritunjay Kumar Thakur @ Sanjay ... vs The State Of Jharkhand
2023 Latest Caselaw 3522 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     A.B.A. No.6841 of 2023
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Mritunjay Kumar Thakur @ Sanjay Thakur .... .... .... Petitioner Versus

1. The State of Jharkhand

2. Madhawi Lata .... .... .... Opposite Parties

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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     For the Petitioner           : Mr. Vikas Kumar, Advocate
     For the State                : Mr. Nawin Kr. Singh, Addl.P.P
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     Order No.02 Dated- 15/09/2023
           Heard the parties.

Apprehending his arrest in connection with Complaint Case No.316 of 2020 instituted under Sections 313, 420, 323, 341, 506, 498-A and 120 (B) 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, has 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 marital discord, this false case has been foisted against the petitioner. Drawing attention of this Court towards page-30 of the brief which is the judgment passed by the Family Court, Sahibganj in an application under Section 13 B of the Hindu Marriage Act, learned counsel for the petitioner submits that the marriage between the petitioner and the informant has been dissolved and the informant has received Rs.7,00,000/- as one time alimony and all her Stridhan from the petitioner. It is lastly submitted that the petitioner undertakes to co-operate with the trial 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 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 eight 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/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, Sahibganj in connection with Complaint Case No.316 of 2020 with the condition that he will co-operate with the trial of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Choudhary, J.) Animesh/