Jharkhand High Court
Md. Sarfaraz Ansari @ Sarfraj vs The State Of Jharkhand & Anr. ... ... on 12 October, 2023
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 6069 of 2023
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Md. Sarfaraz Ansari @ Sarfraj ... 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. Anil Kr. Sinha, Advocate
For the State : Mrs. Snehlika Bhagat, Addl. P.P.
For the O.P. No.2 : Mr. Rahul Pandey, Advocate
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Order No.04 Dated- 12.10.2023
Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Gorhar P.S. Case No.55 of 2021 registered under sections 323/341/379/ 406/498A/34 of the Indian Penal Code and under section 3/4 of the D.P. Act.
The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner being the husband of the informant has treated the informant with cruelty in connection with demand of dowry. It is further submitted that the allegations against the petitioner are all false. It is next submitted that the petitioner is ready and willing to resume conjugal life with the opposite party no.2 and will keep and maintain her with full dignity and honour as his lawful wife, if and when the informant is ready and willing to resume conjugal life with the petitioner. It is then submitted that the petitioner undertakes to pay the maintenance amount, if any, due to the informant in connection with O.M. Case No. 156 of 2022 of the Additional Family Court, Hazaribagh. It is lastly submitted that the petitioner undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.
Learned Addl. P.P. and the learned counsel for the opposite party no.2 opposes the prayer for grant of anticipatory bail. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned Judicial Magistrate -1st Class, Hazaribagh, within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail provisionally for a period of one month from the date of his surrender on depositing a demand draft of Rs.20,000/- drawn in favour of the informant without prejudice to his defence in this case and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Hazaribagh in connection with Gorhar P.S. Case No.55 of 2021 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case with further condition that he will keep and maintain the informant with full dignity and honour as his lawful wife, if and when the informant is ready and willing to resume conjugal life with the petitioner and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. In case the petitioner deposits another demand draft of Rs.20,000/- drawn in favour of the informant within the period for which the provisional bail is granted, then the provisional bail shall be extended for further one month from the date of his depositing the said demand draft by the trial court. Accordingly, on depositing each demand draft of Rs.20,000/- drawn in favour of the informant, the provisional bail granted to the petitioner shall be extended for a period of further one month and on the petitioner depositing the entire up to date payment of the maintenance amount in connection with O.M. Case No. 156 of 2022 of the Court of Additional Family Court, Hazaribagh, by way of demand drafts drawn in favour of the informant, the provisional bail granted to the petitioner shall be confirmed by the trial court till disposal of the case.
It is made clear that in case of failure of the petitioner to deposit any of the installments as mentioned above, the provisional bail granted to him shall stand cancelled and the trial court will take appropriate steps for his apprehension for facing the trial.
(Anil Kumar Choudhary, J.) Sonu/Gunjan-