Jharkhand High Court
Khayali Rajak Alias Khayali Dhobi And ... vs The State Of Jharkhand And Anr on 14 November, 2014
Author: Amitav K. Gupta
Bench: Amitav K. Gupta
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A No. 5147 of 2013
1. Khayali Rajak @ Khayali Dhobi
2. Sushila Devi
3. Khagia Devi .... Petitioners
Versus
1. The State of Jharkhand
2. Kavita Kumari .... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
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For the Petitioners : Mr. Mrinal Kanti Roy, Advocate
For the State : A.P.P
For the O.P No.2. : Mr. Shekhar Pd. Sinha, Advocate.
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05/Dated: 14 November, 2014
Petitioner No.2, namely, Sushila Devi has already been granted bail vide order dated 14.03.2014 by this court.
2. Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the O.P. No.2. The petitioner Nos.1 & 2 are apprehending their arrest in connection with the case registered under Sections 323, 406, 380, 504, 354, 506 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioners has submitted that the complainant/ O.P. No.2 has instituted the present case in order to pressurize the petitioners to transfer the entire property in the name of the complainant; that the petitioner Nos.1 & 3 are the father-in-law and mother-in- law of the complainant respectively and they are still ready and willing to keep the complainant but, the complainant / O.P. No.2 does not want to reside in the village; that in the complaint there is no allegation of demand of dowry or cruelty against these petitioners and the allegation is that they have kept the articles of the complainant, given to her at the time of marriage, but in fact the entire belongings and ornaments of the complainant are in the complainant's custody and possession.
4. Learned counsel for the O.P. No.2 has submitted that the matter was sent for conciliation and the complainant/ O.P. No.2 during conciliation has stated that the petitioner No.1 has evil-eyes on her and he used to make sexual advances which was spurned by the complainant;
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that she was never allowed to reside with her husband, who was working as an Computer Engineer at Katihar and her husband committed suicide; that the petitioners have been telling her that she will be allowed to reside only in the capacity of a maid; that there is direct allegation of torture and cruelty against these petitioners.
5. Heard. It is evident that the complainant/ O.P. No.2, in her complaint petition, has not alleged anywhere that the petitioner No.1 had tried to molest her or made any sexual overtures and even in her statement, recorded on solemn affirmation, she has not whispered about any such incident; she has stated that she was pregnant and had delivered girl child in the Nursing Home on the very next day when her husband died whereafter she had gone to her parental house and stated that she does not know the reasons as to why her husband committed suicide.
6. Having regard to the facts and circumstances, the petitioner Nos.1 & 3 are directed to surrender in the court below by 28.11.2014 and in the event of their arrest or surrender, the court below shall enlarge the petitioner Nos.1 & 3 on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Dhanbad in connection with C.P. Case No.44 of 2013, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(AMITAV K. GUPTA, J.) Chandan/-