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Nitesh Kumar @ Nitesh Mahato @ Nitesh Mahato Vs The State of Jharkhand

Case No: 1363 of 2017

Date of Decision: Sept. 5, 2017

Acts Referred: <a href=1767>Indian Penal Code, 1860</a>, <a href=1767-498A>Section 498A</a>, <a href=1767-323>Section 323</a> - Husband or relative of husband of a woman subjecting her to cruelty - Punishment for voluntarily causing hurt#<a href=1454>Dowry Pr

Hon'ble Judges: Anant Bijay Singh

Bench: SINGLE BENCH

Advocate: Syed Tafazzul Sajid, Devesh Krishna

Translate: English | हिन्दी | தமிழ் | తెలుగు | ಕನ್ನಡ | मराठी

Judgement

1. The petitioner is apprehending is arrest in connection with Garhwa P.S. Case No. 224 of 2016, corresponding to G.R. No. 953 of 2016 for the

offence under sections 498A, 323 of the Indian Penal Code and under section 3/4D.P. Act.

2. It appears that on 03.07.2017, both the parties were physically present before this Court and possibility of reconciliation was made but the

same has failed and the matter was to be heard on merit and accordingly, the same is being heard on merit.

3. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case. There is omnibus allegation against

the petitioner. No case under the alleged sections is made out against the petitioner. The petitioner is ready to keep his wife/complainant.

4. Learned A.P.P as well as well as learned counsel for the O.P. No. 2 opposed the prayer for anticipatory bail.

5. From perusal of case diary, it appears that in para 40, I.O has recorded the evidence of independent witness Akbar Ansari, in para 41?

evidence of independent witness Afjal Ansari, in para 51? evidence of independent witness Intkhwab Ansari, in para 52 - evidence of indpendent

witness Mustafa Raja and all they have supported the case of the prosecution.

6. Considering the aforesaid facts and circumstances of the case and also considering the nature of offence, I am not inclined to grant anticipatory

bail to the petitioner. Accordingly, prayer for anticipatory bail on behalf of the petitioner is hereby rejected. The petitioner, if so advised, may

surrender before the trial court within three weeks from the date of this order and pray for regular bail which shall be considered by the trial court

without being prejudiced by this rejection order.