Jharkhand High Court
Ejaz Ahmad vs The State Of Jharkhand And Anr on 17 September, 2013
Author: Prashant Kumar
Bench: Prashant Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1594 of 2013
Ezaj Ahmad @ Md Ezaj ... ....Petitioner
Vs.
1.The State of Jharkhand
2. Hamida Khatoon ....Opposite Parties
CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR
For the Petitioner: Mr. Arshad Hussain
For the State: Mr. Tapas Roy, APP
For the O.P. No. 2 Mr. Prabhat Kumar Sinha
8/17.02.2012: Anticipatory bail application filed by petitioner Ezaj Ahmad @ Md Ezaj is moved by Mr. Arshad Hussain and opposed by Sri Tapas Roy, learned Additional P.P. and Sri Prabhat Kumar Sinha,learned counsel for the O.P. No. 2.
At the out set, Sri Arshad Hussain, learned counsel for the petitioner submits that petitioner is ready to keep the complainant ( O.P. No. 2) as his wife with all honour and dignity and for that purpose he is ready to give written undertaking in the court below.
Learned counsel for the O.P. No. 2 submits that the complainant is also ready to reside with the petitioner as his wife provided he give undertaking that he will keep her with all respect and dignity and will not torture her in future for demand of dowry.
In view of the aforesaid facts and circumstance, I allow this application and direct the petitioner to surrender in the court below on 27.09.2013, on that date the O.P. No. 2 shall also remain present in the court below, and in that event the court below is directed to enlarge the petitioner, above named, on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Hazaribagh in connection with Complaint Case No. 1042 of 2012 ( T.R. No. 1058 of 2012) , subject to the condition as laid down under section 438(2) of the Cr.P.C.
The court below is further directed to send the O.P. No. 2 with the petitioner after taking a written undertaking that he will not torture her in future and keep her as his wife with all respect and dignity. If in future O.P. No. 2 has any complaint against the behaviour of petitioner, she is entitled to file an application in the court below in that respect and if such application is filed the court below will enquire into the matter and pass order including the order for cancellation of bail of petitioner.
( Prashant Kumar,J.) Sharda/-