Jharkhand High Court
Man Mohan Tiwari @ Man Mohan Tiwary vs The State Of Jharkhand & Anr. ... ... on 2 December, 2021
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 8922 of 2021
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Man Mohan Tiwari @ Man Mohan Tiwary ... Petitioner Versus The State of Jharkhand & Anr. ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Vishal Kr. Trivedi, Advocate For the State : Mrs. Vandana Bharti, Addl. P.P. For the O.P. No.2 : Mr. B.M. Tripathi, Sr. Advocate
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Order No.02 Dated- 02.12.2021 Heard the parties.
Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks.
In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Daltonganj Mahila P.S. Case No.14 of 2021 registered under sections 498A/313/323 of the Indian Penal Code and under Section 3 of the D.P. Act.
The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has treated his wife with cruelty in connection with demand of dowry. It is further submitted that the allegations against the petitioner are all false and are general and omnibus in nature. It is then submitted that the petitioner undertakes to pay Rs.12,00,000/- as ad interim victim compensation to the informant-opposite party no.2 without prejudice to his defence in this case and also undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Addl. P.P. and the learned Senior Advocate appearing for the opposite party no.2 opposes the prayer for grant of anticipatory bail.
Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of four months from the date of this order, he shall be released on bail on depositing a demand draft of Rs.12,00,000/- as ad interim victim compensation drawn in favour of informant-opposite party no.2 and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Palamau at Daltonganj, in connection with Daltonganj Mahila P.S. Case No.14 of 2021 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C. In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the informant-opposite party no.2 and hand over the said demand draft to her, after proper identification.
In case, the petitioner deposits the ad interim victim compensation, the same shall be adjusted towards maintenance and one time settlement if and when the same takes place between the parties.
(Anil Kumar Choudhary, J.) Sonu/Gunjan-