Uma Shanker Singh @ Uma Shanker Singh vs State Of Jharkhand on 12 October, 2011

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Jharkhand High Court

Uma Shanker Singh @ Uma Shanker Singh vs State Of Jharkhand on 12 October, 2011

Bench: D.N.Upadhyay

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              A.B.A. No. 526 of 2011

Uma Shanker Singh @ Uma Shanker Singh                      ....          Petitioner

                                            Versus
State of Jharkhand another           ...                   Opposite Parties

Coram :                HON'BLE MR. JUSTICE D.N.UPADHYAY

For the petitioner (s): Mr. R.S.Majumdar
For the Opposite Party : Addl.P.P.

12.10.2011

Heard the learned counsel for the petitioner and the learned counsel for the State.

This is an application for grant of anticipatory bail filed by the petitioner in connection with C.P.Case No. 357/2010 for the offence registered under sections 498A/323 of the Indian Penal Code.

It reveals from the complaint that all the accused persons have been demanding dowry for which the complainant was subjected to torture and cruelty by various means on various occasions. Panchayati was held, but it failed to bring the situation to normal. Lastly, the complainant was driven out from her matrimonial home.

It is submitted that the petitioner is all along ready and willing to keep the complainant with dignity and care, but she is not ready to join hands.

Learned counsel for the complainant has raised objection against grant of anticipatory bail to the petitioner. It is submitted that the complainant is apprehending danger at her matrimonial home, if she joins hands with the petitioner.

Considering matrimonial nature of the offence coupled with the fact that no specific instance of torture or cruelty by the petitioner has been disclosed in the complaint, the petitioner above named is directed to appear/ surrender before the court below within a period of two weeks positively from the date of this order and on his surrender, he shall be released on bail on furnishing bail bond of Rs.10,000/- ( rupees ten thousand) with two sureties of the like amount each to the satisfaction of Smt Kusum Kumari, Judicial Magistrate, 1st Class, Bokaro, in connection with C.P. Case No. 357/2010, subject to the conditions laid down under section 438(2) Cr.P.C.

Ambastha/-                                                 ( D.N.Upadhyay,J.)

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Jharkhand High Court