Md. Asfaque Ansari v. The State of Jharkhand

Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ------ For the Petitioner For the State For the Informant : Mr. Pankaj Kr. Choudhary, Advocate : Mr. Satish Prasad, Addl.P.P : Mr. Aashish Kumar, Adv. Order No.05 Dated- 01.03.2023 ------ Heard learned counsel for the parties. Apprehending his arrest in connection with Godda(T) P.S. Case No. 124 of 2022 instituted under Sections 312, 307, 379, 504, 506, 498-A and 34 of the Indian Penal Code and Section 3/4 of D.P. Act, the petitioner has moved this Court for grant of privilege of anticipatory bail. It is alleged that the marriage of opposite party no.2 was solemnized with petitioner in the year 2021. After some time of marriage, petitioner along with other family members started physically and mentally torturing her due to non-fulfillment of car as additional dowry. On 07.10.2021, the mother-in-law of the opposite party No.2 took all jewelleries of opposite party No.2 in her own possession.

It is alleged that due to assault by accused persons informant’s pregnancy was terminated. Learned counsel for the petitioner has submitted that there is general and omnibus allegation against the petitioner of demanding a car as additional dowry and torturing with cruelty to her. It is a matrimonial discord between the parties and petitioner is still ready and willing to keep the opposite party No.2 with full dignity and honour as his lawful wife. Petitioner undertakes to co-operate with the investigation of the case. Hence, the petitioner may be extended the privilege of anticipatory bail. Learned Addl.P.P appearing for the State assisted by learned counsel for the opposite party No.2 opposes the prayer for anticipatory bail of the petitioner and submits that after solemnization of marriage between the parties, petitioner is continuously demanding additional dowry and torturing with cruelty due to non-fulfillment of aforesaid demand.

Hence, petitioner may not be extended privilege of anticipatory bail. Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Godda in connection with Godda(T) P.S. Case No. 124 of 2022 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 and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Pappu/ (Pradeep Kumar Srivastava, J.)