High CourtsSingle Bench(2021) 04 JH CK 0217

Hazi Shamimur Rahman @ Shamimur Rahman And Ors vs State Of Jharkhand And Anr

Jharkhand High Court · Decided on 20 April 2021

HON’BLE JUDGES
Anil Kumar Choudhary, J
RESULT
Allowed
CASE NUMBER
A.B.A. No. 1796 Of 2021

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Judgment

18 paragraphs · 422 words

The matter is taken up through video conferencing. No one turns up either on behalf of the petitioners or on behalf of the State.

The petitioners are directed to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

Apprehending their arrest in connection with Mahila Chakradharpur P.S. Case No.02 of 2020 instituted under Sections 147, 323, 504, 506 & 498-A of

the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, the petitioners have moved this Court for grant of privileges of anticipatory bail.

Perusal of the record reveals that the petitioner No.1 is the father-in-law and the petitioner No.2 is the brother-in-law (elder brother of husband of the

informant) and the allegation against the petitioners is that they have treated the informant with cruelty in connection with demand of dowry. It has

been averred in the instant anticipatory bail application that the allegation against the petitioners is false and general and omnibus in nature. It has been

next averred that the petitioners have been implicated in this case only because they are the family members of the husband of the informant. It has

further been averred that the informant and her husband are living separately from other family members and the informant/ opposite party No.2 last

resided with her husband in a rented accommodation. It has also been averred in para-20 of the instant bail application that the petitioners are ready

and willing to abide by any terms and conditions imposed upon them by this Court.

Considering the facts of the case, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to

surrender in the Court of learned J.M.- 1st Class, Porahat at Chaibasa within six weeks from today and in the event of their arrest or surrendering,

they will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the

satisfaction of learned J.M.- 1st Class, Porahat at Chaibasa in connection with Mahila Chakradharpur P.S. Case No.02 of 2020 with the condition that

they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile

number and photocopy of the Aadhar Card with an undertaking that they will not change their 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.