IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 5771 of 2022

Md. Asfak Alam

…… Petitioner

Versus

1. The State of Jharkhand

2. Naznin Naaz

……Opposite parties

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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner : Mr. Ranjit Kumar Tiwari, Advocate

For the State

: Mr. Anuradha Sahay, A.P.P.

For the O.P. No. 2 : Mr. Ritesh Kumar, Advocate.

…..

Order No.07/ Dated:18.01.2023

Heard learned counsel for the parties.

Apprehending his arrest in connection with Mahila P.S. Case No. 07 of

2022 instituted under Sections 323/ 498A/ 504/ 506 and 34 of the Indian

Penal Code and Section 3 and 4 of the Dowry Prohibition Act 1961, the

petitioner has moved this Court for grant of privilege of anticipatory bail.

Learned counsel for the petitioner has submitted that petitioner is

innocent and has committed no offence at all rather he has been falsely

implicated in this case in order to extort money from the petitioner. The

allegations are false, fabricated, general and omnibus in nature. Real fact

is that informant does not want to reside with the petitioner and asking

heavy amount of levy for settlement of the case which is beyond the reach

of the petitioner. Petitioner is a qualified person and after post graduation

in management is working in medical store. The informant is a short

tempered lady and always used to quarrel with the petitioner and family

members, hence, complaint case no. 401 of 2022 (annexure 2) was lodged

by the petitioner against the informant and her family member. Petitioner

has no criminal antecedent. It is lastly submitted that the petitioner

undertakes to co-operate with the investigation of the case and also abide

by all terms and conditions which may be imposed in the matter of

granting anticipatory bail to the petitioner. Hence, the petitioner may be

extended the privilege of anticipatory bail.

Learned Addl.P.P assisted with learned counsel for the informant

appearing for the State opposes the prayer for anticipatory bail of the

petitioner and submitted that marriage of the informant was solemnized on

05.11.2020 and Rs. 20,000,00/- was spent on jewelleries, clothes,

furniture and other house old articles given in present. Rs. 3,50,000/- were

also deposited in the bank account of the petitioner elder brother, Dr.

Jiyaul Haq and mother of the petitioner, Sanjida Khatun. On demand from

mother and elder brother of the petitioner Rs. 3,50,000/- lacs was

deposited in the name of informant and she joined matrimonial home after

marriage but on the same night her husband demanded platinum ring and

started quarrelling. The informant told that her father had already spent

Rs. 25, 000,00/- in the said marriage but he could not fulfil the further

demand, thereafter, her husband started assaulting her and frequently used

to quarrel and have consumed poison. It is also alleged that due to torture

informant fell ill but no medical facility was provided to her. Hence, she

informed to her father who brought her at parental home on 23.03.2021.

She is still taunted and tormented and subjected to mental cruelty by her

husband and other family members, who has lodged false cases against

the informant and her family members in order to pressurize them to

withdraw this case and are inclined towards their own terms and

conditions.

Learned counsel for the informant has filed an exhibit A copy of the

complaint case lodged by the petitioner just after receiving notice in this

case from the police station. Case lodged by the elder brother of the

informant namely, Jiyaul Haq Ansari in Meral P.S. Case No. 82 of 2022

against the family members of the informant but informant has also filed a

list of articles including the jewelleries presented at the time of marriage.

Considering the facts and circumstances of the case and rival

contentions of the learned co