Pradeep Kumar Bhakat @ Pradeep Bhakat v. The State of Jharkhand & Anr.

CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner For the State For the O.P. No.2 : Mr. Rajesh Kr. Mishra, Advocate : Mr. Sardhu Mahto, Addl. P.P. : Mr. Rohit Agarwal, Advocate Order No.08 Dated- 03.10.2023 ------ Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Seraikella P.S. Case No.101 of 2022 registered under sections 498A/ 323/341/34 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–opposite party no.2 has treated her with cruelty in connection with demand of dowry. It is further submitted that the allegations against the petitioner are all false and because of marital discord, this false case has been foisted. It is then submitted that the petitioner has filed a supplementary affidavit to the effect that the petitioner is ready and willing to pay Rs.50,000/- to the informant-opposite party no.2 without prejudice to his defence in this case.

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 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 eight weeks from the date of this order, he shall be released on bail on depositing a demand draft of Rs.50,000/- drawn in favour of informant without prejudice to his defence in this case 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 Chief Judicial Magistrate, Seraikella in connection with Seraikella P.S. Case No.101 of 2022 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr.

P.C. In case, the petitioner deposits the aforesaid demand draft, the court below is directed to issue notice to the informant and hand over the said demand draft to her, after proper identification. In case, the petitioner deposits the aforesaid demand draft, the same shall be adjusted towards maintenance and one time settlement, if and when the same takes place between the parties. Sonu/Gunjan- (Anil Kumar Choudhary, J.)