Jharkhand High Court
Parmeshwar Mahto vs The State Of Jharkhand & Anr. ... ... on 6 November, 2020
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3886 of 2020
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Parmeshwar Mahto ... 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. Arvind Kr. Choudhary, Advocate
For the State : Mr. Ashok Kumar, Addl. P.P.
For the O.P. No.2 : Mr. Onkar Nath Tiwary, Advocate
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Order No.03 Dated- 06.11.2020
Heard the parties through video conferencing.
Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.
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 Complaint Case No.144 of 2019 registered under sections 323/498A/34 of the Indian Penal Code.
It is jointly submitted by the learned counsel for the petitioner and the learned counsel of the opposite party no.2 that the petitioner and the complainant-opposite party no.2 are ready and willing to resume conjugal life. It is also jointly submitted that both the petitioner and the informant-opposite party no.2 will appear before the learned court below on 25.11.2020 and the petitioner will furnish an undertaking that he will take the opposite party no.2 with him and will keep and maintain her with full dignity and honour as his lawful wife. It is further submitted by the learned counsel for the petitioner that the allegations against the petitioner are all false and are general and omnibus in nature. It is lastly submitted that the petitioner is also ready and willing to pay Rs.2,000/- to the opposite party no.2 towards litigation expenses. Hence, it is submitted that the petitioner be given the privilege 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 weeks from the date of this order, he shall be released on bail on showing his readiness to take the opposite party no.2 with him from the court itself and on furnishing an undertaking that he will keep and maintain the opposite party no.2 with full dignity and honour as his lawful wife and on paying Rs.2,000/- to the opposite party no.2 towards the one time litigation expenses 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 Judicial Magistrate
-1st Class, Madhupur, in connection with Complaint Case No.144 of 2019 with the condition that the petitioner will continue keeping and maintaining the opposite party no.2 with full dignity and honour as his lawful wife and other conditions laid down under section 438 (2) Cr. P.C. (Anil Kumar Choudhary, J.) Sonu/Gunjan-