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Jharkhand High Court

Bibek Kumar Shaha @ Bibek Kumar Saha vs The State Of Jharkhand on 23 June, 2022

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        A. B. A. No. 2547 of 2022
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Bibek Kumar Shaha @ Bibek Kumar Saha @ Vivek Kumar Saha ... .... Petitioner Versus

1. The State of Jharkhand

2. Divya Kumari Gupta ... .... Opp. Parties

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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  For the Petitioner    : Mr. Dinesh Kumar, Advocate
  For the State         : Mr. V.K. Sinha, A.P.P.
  For the O.P. No. 2    : Mr. Jai Prakash, Sr. Advocate
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  Oral Order
  05 / Dated : 23.06.2022

Apprehending his arrest, petitioner- Bibek Kumar Shaha @ Bibek Kumar Saha @ Vivek Kumar Saha has moved this Court for grant of privilege of anticipatory bail in connection with Complaint Case No. 395 of 2021 registered under Sections 323, 325, 379, 498A, 506 of the Indian Penal Code and Sections 3/ 4 of Dowry Prohibition Act.

Heard the parties.

The case of the complainant in brief is that the complainant was married to the petitioner in November, 2020 and it is alleged that soon after the marriage unlawful demand was made and she was subjected to cruelty in reference to demand. It is said that on 08.02.2021 and 09.02.2021 she was brutally assaulted resulting in injury.

It is submitted by learned counsel for the petitioner that the incidence is said to have been taken place on 08/09.02.2021 but the complaint was filed after delay of 40 days.

The Addl. P.P. assisted by learned counsel for opposite party no. 2 opposed the prayer for bail. Learned counsel for opposite party no. 2 has submitted that after the incidence took place on 08/09.02.2021 father of the complainant had to take assistance of the police to rescue his daughter and she was taken back to her parent's home.

Considering the gravity of offence, the prayer for anticipatory bail of the petitioner is hereby rejected. Petitioner is directed to surrender before the Court below within two weeks.

(Gautam Kumar Choudhary, J.) AKT