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Ramij Khan vs The State Of Jharkhand
2025 Latest Caselaw 1462 Jhar

Citation : 2025 Latest Caselaw 1462 Jhar
Judgement Date : 9 January, 2025

Jharkhand High Court

Ramij Khan vs The State Of Jharkhand on 9 January, 2025

Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     A.B.A. No.8068 of 2024
                              ------
    Ramij Khan                       .... .... .... Petitioner
                              Versus
    1. The State of Jharkhand
    2. Asnara Khatun                 .... .... .... Opposite Parties
                              ------
CORAM      : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
                                      ------
     For the Petitioner         : Mr. Gautam Kumar, Advocate
     For the State              : Mr. V. S. Sahay, Addl. P.P
                                      ------
     Order No.02 Dated- 09-01-2025
           Heard the parties.

Apprehending his arrest in connection with Pakur (M) P.S. Case No.131 of 2024 corresponding to G.R. No.501 of 2024 instituted under Sections 323, 498A, 494, 406, 379, 452, 506, 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 of Rs.2,00,000/-. 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 between the parties, this false case has been foisted against the petitioner. Drawing attention of this Court towards the copy of the certified copy of the judgment of Original Suit No. 164 of 2023 of the Family Court, Pakur learned counsel for the petitioner submits that vide order dated 01.02.2024, the complainant/informant has been directed to restitute conjugal life with the petitioner but the informant/complainant instead of restituting conjugal life with the petitioner, has filed this false case to harass the petitioner. It is further submitted that the petitioner undertakes to co-operate with the investigation of the case and to keep and maintain the opposite party No.2 with full honour and dignity as his lawful wife as and when she is ready to resume conjugal life with him and the petitioner further undertakes that he will not annoy or disturb the complainant/informant 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 S.D.J.M., Pakur in connection with Pakur (M) P.S. Case No.131 of 2024 corresponding to G.R. No.501 of 2024 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 he will keep and maintain the opposite party No.2 with full honour and dignity as his lawful wife as and when she is ready to resume 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.) Abhiraj/

 
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