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Dineshwar Pandit Vs. the State of Jharkhand - Court Judgment

SooperKanoon Citation

Court

Jharkhand High Court

Decided On

Appellant

Dineshwar Pandit

Respondent

The State of Jharkhand

Excerpt:


.....petitioner to surrender in the court below on 29th of august 2013. on that day, opposite party no. 2 is directed to remain present in the court below. the learned court below is directed to enlarge the petitioner on bail on furnishing bail bond of rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned sub divisional judicial magistrate, madhupur at deoghar in connection with p.c.r. case no. 268 of 2011, corresponding to t.r no. 539 of 2012, subject to the condition as laid down under section 438(2) of the cr. p.c. the learned court below is further directed to take written undertaking from petitioner that he will not torture opposite party no. 2 in future and will not demand dowry. the learned court below is further directed to send opposite party no. 2 with petitioner after taking aforesaid undertaking. it is made clear that if in future, petitioner will torture, opposite party no. 2 will file application for cancellation of bail. (prashant kumar, j.) binit

Judgment:


IN THE HIGH COURT OF JHARKHAND RANCHI A.B.A. No. 3262 of 2012 Dineshwar Pandit @ Dinesh Pandit .. ... ... Petitioner Versus 1.The State of Jharkhand 2.Jayanti Devi ... ... Opp. Parties CORAM: HONBLE MR. JUSTICE PRASHANT KUMAR ............ For the Petitioner : Mr. Subodh Kumar Jha For the State : Mr. Pankaj Kumar, A.P.P. For the O.P. No. 2 Mr. Lakhan Chandra Roy ........ 13/19.08.2013 Anticipatory bail application filed by Dineshwar Pandit @ Dinesh Pandit is moved by Sri Subodh Kumar Jha, learned counsel for the petitioner and opposed by Sri Lakhan Chandra Roy, learned counsel for the opposite party No.

2. Petitioner is ready to keep opposite party No. 2 as his wife with all love and affection. Learned counsel appearing for the opposite party No. 2 submits that he has no objection if petitioner give undertaking that he will not torture opposite party No. 2 in future. In view of the aforesaid submissions, I allow this anticipatory bail application and direct the petitioner to surrender in the court below on 29th of August 2013. On that day, opposite party No. 2 is directed to remain present in the court below. The learned court below is directed to enlarge the petitioner on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Madhupur at Deoghar in connection with P.C.R. Case No. 268 of 2011, corresponding to T.R No. 539 of 2012, subject to the condition as laid down under section 438(2) of the Cr. P.C. The learned court below is further directed to take written undertaking from petitioner that he will not torture opposite party No. 2 in future and will not demand dowry. The learned court below is further directed to send opposite party No. 2 with petitioner after taking aforesaid undertaking. It is made clear that if in future, petitioner will torture, opposite party No. 2 will file application for cancellation of bail. (Prashant Kumar, J.) Binit


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