IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1788 of 2011
Sri Binay Kumar .... Petitioner
Versus
State of Jharkhand and another ... Opposite Parties
Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY
For the petitioner (s): Mr.Bharat Kumar
For the Opposite Party : Addl.P.P.
12.09.2011
Heard the learned counsel for the petitioner and the learned
counsel for the State.
This is an application for grant of anticipatory bail filed by the
petitioner in connection with Katkamsandi ( Pelawal) PS case No. 74/2011
for the offence registered under sections 341/323/498A/34 of the Indian Penal
Code.
It reveals from the written report that Purnima Kumari was
subjected to torture and treated with cruelty by the petitioner who happens to be
her husband, for want of more dowry
It is submitted that the petitioner is always ready to abide by
the conditions laid down in the compromise ( annexure 2) arrived at between the
parties on 30.5.2011 at the “Paramarsh Centre” Civil Court, Hazaribagh.
Learned counsel for the complainant has no objection if the
conditions laid down in the compromise, a copy of which is annexure 2 to the
application, is complied with.
Learned counsel for the State has opposed the prayer.
Considering the aforesaid facts and circumstances of the
case the petitioner above named is directed to appear/ surrender before the
court below within a period of three weeks positively from the date of this order
and on his surrender, he shall be released on bail on furnishing bail bond of
Rs.10,000/- ( rupees ten thousand) with two sureties of the like amount each to
the satisfaction of CJM, Hazaribagh, in connection with Katkamsandi ( Pelawal)
PS case No. 74/2011 PS (GR No. 946/2011), subject to the conditions laid
down in the compromise petition dated 30.5.2011, which will form part of the bail
bond, and also subject to the conditions laid down under section 438(2) Cr.P.C.
Ambastha/- ( D.N.Upadhyay,J.)