Rani Devi And Others vs State Of Jharkhand And Others

Subhash Chand, J

Heard learned counsel for the applicants and learned A.P.P. for the State as well as learned counsel for the Opposite Party No.2.

This anticipatory bail application has been filed on behalf of the abovenamed applicants seeking anticipatory bail in connection with Complaint Case No.2128 of 2019 registered under Section 498-A of the Indian Penal Code pending in the court of learned Judicial Magistrate 1st Class, Hazaribag.

Learned counsel for the applicants has submitted that the complainant Sarita Devi had filed a complaint case with the allegations that she was married on 24.05.2014 with Pintu Sao and after solemnization of marriage, the husband (Pintu Sao), father-in-law(Tulshi Sao), mother-in-law (Gulbi Devi) and brother-in-law (Khublal Sao), gotni—Rani Devi and brother-in-law (Arvind) had made demand of Rs.5 lacs as additional dowry and for non-fulfilment of the same all subjected her to cruelty.

Learned counsel for the applicant has submitted that the court below vide order dated 09.06.2021 had taken cognizance on the complaint and summoned Pintu Sao, Tulsi Sao, Gulabi Devi, Khublal and Rani Devi for the offence under Section 498 A of the I.P.C. It is further submitted that the applicant no.1 (Rani Devi) is the gotni and applicant no.2 (Khublal Sao) is the brother-in-law while the applicants nos.3 and 4 are the mother-in-law and father-in-law of the complainant. It is also submitted that the applicants had never made any alleged demand of dowry and subjected her to cruelty. The allegations made are general and omnibus and all the applicants have been roped with the husband of the complainant in this case. It is further submitted that the applicants are not to flee away from justice and they have been implicated in this case with object to humiliate them on being arrested by the police.

Learned A.P.P. appearing on behalf of the State as well as learned counsel for the Opposite Party No.2 vehemently opposed the contentions made by the learned counsel for the applicants.

In view of the above no useful purpose would be served in keeping the present application pending or calling for counter affidavit from the State. Without expressing any opinion on the merits of the case, the applicants are entitled to be released on anticipatory bail, at this stage.

In the event of arrest, the abovenamed applicant, involved in the aforesaid case be released on anticipatory bail on their furnishing bail bond of Rs.15,000/-(Rupees Fifteen Thousand) each with two sureties of the like amount to the satisfaction of the court concerned on the following conditions:-

i. The applicants shall make themselves available for interrogation by a police officer as and when required.

ii. The applicants shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer or tamper with the evidence.

iii. In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.

iv. The applicants shall co-operate in the trial before the court below and in case of non-cooperation, the trial court would be at liberty to cancel the bail of the applicants without any reference to this Court.