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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE ANIL KUMAR CHOUDHARY, J
Anil Kumarson Of Late Mathura Mistry – Appellant
Versus
State Of Jharkhand – Respondent
ORDER :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Ranchi Mahila P.S. Case No.11 of 2024 registered under sections 498A/323/313/506/307/34 of the Indian Penal Code and under Section 3/4 of D.P. Act.
3. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner treated the informant-opposite party no.2 with cruelty in connection with demand of dowry. It is further submitted that the allegations against the petitioner are all false and are general and omnibus in nature. Learned counsel appearing for the petitioner and learned counsel for the opposite party No.2 jointly submit that both the petitioner and opposite party No.2 are ready and willing to resume their conjugal life. Learned counsel for the opposite party no.2 submits that the opposite party no.2 will resume conjugal life, only if the petitioner will keep and maintain the opposite party no.2 with full dignity and honour as his lawful wife and will pay some monthly amount to her. It is then submitted that because of marital discord, this false case
Anticipatory bail can be granted when parties reach a compromise, with conditions ensuring dignity and cooperation in ongoing investigations.
Anticipatory bail can be granted when both parties express willingness to reconcile, provided the petitioner cooperates with the investigation.
The court determines that allegations of dowry demand do not justify custodial interrogation at the stage of anticipatory bail consideration.
Mere non-recovery of disputed dowry articles and lack of requirement for further investigation can be considered in granting anticipatory bail in domestic violence cases.
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