Jharkhand High Court
Chhotelal Yadav vs State Of Jharkhand & Anr on 4 July, 2012
Author: Prashant Kumar
Bench: Prashant Kumar
IN THE HIGH COURT OF JHARKHAND RANCHI
A. B. A. No. 1246 of 2012
Chhotelal Yadav ... ... ... Petitioner
Versus
1.The State of Jharkhand
2.Umesh Yadav
3.Rina Devi ... ... ... Opp. Parties
CORAM: THE HON'BLE MR. JUSTICE PRASHANT KUMAR
............
For the Petitioner : Mr. S.P.Roy
For the State : Mrs. R. Sanchita, A.P.P.
For the O.P. No.-2 and 3 Mr. V.K. Tiwary
3/04.07.2012Anticipatory bail application filed by petitioner Chhotelal Yadav is moved by Sri S.P. Roy, learned counsel for the petitioner and opposed by Mrs. R. Sanchita, learned Additional PP and Sri V.K. Tiwary, learned counsel for the opposite party No. 2 and 3.
At the outset, Sri S.P. Roy submits that his client is ready to keep opposite party No. 3 as his wife with love and dignity.
Sri V.K. Tiwary, learned counsel appearing for opposite party No. 2 and 3 submits that his client is also ready to reside with petitioner provided petitioner give an undertaking that he will not torture her and demand dowry.
Considering the aforesaid facts and circumstances, I allow this anticipatory bail application and direct the petitioner, above named to surrender in the court below on 17th of July 2012. On that day opposite party No. 3 is also directed to be remain physically present in the court below. Learned court below is directed to enlarge him on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Shri Dinesh Rai, learned Judicial Magistrate, 1st Class, Godda in connection with Meharma (Belbadda) P.S. Case No. 190 of 2011 corresponding to G.R. No. 1495 of 2011 subject to the condition as laid down under section 438(2) of the Cr.P.C. and subject to further condition that petitioner will give a written undertaking in the court below that he will keep opposite party No. 3 with love and dignity and will not torture her in future nor demand any dowry.
Court below is further directed to send opposite party No. 3 with petitioner after taking aforesaid undertaking.
It is made clear that if in future, petitioner will torture and/or demand dowry from opposite party No. 3, then it is open for the opposite party No. 3 to file an application in the court below making such grievance and learned court below is directed to make enquiry on receipt of such application and pass order in accordance with law.
(Prashant Kumar, J.) Binit