Jharkhand High Court
Biswajit Kumar Dey @ Vishwajeet Dey @ … vs The State Of Jharkhand on 11 April, 2025
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
[2025:JHHC:11185]
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.7406 of 2024
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Biswajit Kumar Dey @ Vishwajeet Dey @ Vishwajeet Kumar age
about 32 years S/o Late Arun Kumar Dey R/o Angarabari, P.O.-
Angarabari, P.S. Torpa, Dist- Khunti …. …. …. Petitioner
Versus
1. The State of Jharkhand
2. Deepika Kundu aged about 27 years W/o Biswajit Kumar Dey @
Vishwajeet Dey @ Vishwajeet Kumar and D/o Kisun Kundu R/o
Angarabari, P.O.- Angarabari, P.S. Torpa, Dist- Khunti
…. …. …. Opposite Parties
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CORAM : HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Baban Prasad, Advocate
Mr. Amit Kumar, Advocate
For the State : Mr. Shree Prakash Jha, Addl. P.P
For the O.P. No.2 : Ms. Nivedita Kundu, Advocate
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Order No.05 Dated- 11-04-2025
I.A. No.4382 of 2025
Heard the parties.
Learned counsel for the petitioner submits that this interlocutory
application has been filed with a prayer for early hearing of the instant
anticipatory bail application.
Since, the hearing of instant anticipatory bail application is taken up
today, hence, this interlocutory application stands disposed of being
infructuous.
(Anil Kumar Choudhary, J.)
A.B.A. No.7406 of 2024
Apprehending his arrest in connection with Torpa P.S. Case No.43 of
2024 instituted for the offences punishable under Sections 498-A, 506 of the
Indian Penal Code, Section 3/4 of the Dowry Prohibition Act and Section 12
of the Protection of Women from Domestic Violence Act, 2005, the petitioner
has moved this Court for grant of privileges of anticipatory bail.
2. 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 and caused hurt to her. It is submitted that the
allegations against the petitioner are all false and general and omnibus in
nature. It is next submitted that because of marital discord between the
parties, this false case has been foisted against the petitioner. It is agreed to
between the parties that both the petitioner and opposite party No.2 will
appear before the trial court on 21.05.2025 and on that date the petitioner will
take the opposite party No.2 to his house with an undertaking that he will
keep and maintain her with full honour and dignity as his lawful wife.
Learned counsel for the petitioner lastly submits that the petitioner
undertakes to co-operate with the investigation of the case. Hence, it is
submitted that the petitioner be given the privileges of anticipatory bail.
3. Learned Addl.P.P appearing for the State opposes the prayer for
anticipatory bail of the petitioner.
4. 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 below on 21.05.2025 and in case the petitioner appears and
surrenders before the learned trial court on 21.05.2025, he will be enlarged on
bail on taking the opposite party No.2 to his house with an undertaking that
he will keep and maintain her with full honour and dignity as his lawful
wife 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 S.D.J.M.,
Khunti in connection with Torpa P.S. Case No.43 of 2024 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 further conditions as laid down under Section 482 (2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
5. In case the opposite party No.2 does not appear before the learned
court below on 21.05.2025 or refuses to resume conjugal life with the
petitioner, still the petitioner will be enlarged on bail on 21.05.2025 on
furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties
of the like amount each to the satisfaction of learned S.D.J.M., Khunti in
connection with Torpa P.S. Case No.43 of 2024 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 resume conjugal life with the opposite party
No.2 as and when the opposite party No.2 joins him for resuming the
conjugal life and keep and maintain her with dignity and honour as his
lawful wife and further conditions as laid down under Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Choudhary, J.)
Animesh/