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Arbind Jaiswal Vs. the State of Jharkhand and anr

Arbind Jaiswal vs The State of Jharkhand and anr

Type Court Judgment Court Jharkhand Decided Sep 10, 2013
~2 min read
https://sooperkanoon.com/case/1027614

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Citation
Court
Jharkhand High Court
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Arbind Jaiswal

Advocate Smt. Vandana Singh

Respondent

The State of Jharkhand and anr

Excerpt

.....with all love and dignity and he is also ready to give written undertaking that he will not torture her in future. sri abhay kumar tiwari, learned counsel for he opposite party no. 2, submits that his client is also ready to reside with petitioner provided that he will give an undertaking that he will not torture her in future. in view of the aforesaid undertaking given by the petitioner, i allow this anticipatory bail application and direct the petitioner to surrender in the court below on 20.09.2013. 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, above named, 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 judicial magistrate, 1st class, deoghar, in connection with p.c.r. case no. 53 of 2011 corresponding to t.r. no. 489 of 2012, subject to the condition as laid down under section 438(2) of the cr.p.c. -2- 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, the opposite party no. 2 will file application for cancellation of bail. (prashant kumar, j.) sunil/

Full Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1506 of 2013 Arbind Jaiswal ... Petitioner -V e r s u s- The State of Jharkhand & Another ... Opposite Parties CORAM: HONBLE MR. JUSTICE PRASHANT KUMAR. For the Petitioner : - Mrs. Vandana Singh, Advocate For the State : - Mr. G.S. Prasad, A.P.P. For the O.P. No. 2 : - Mr. Abhay Kr. Tiwari, Advocate. 06/10.09.2013 Anticipatory bail application filed by Arbind Jaiswal, is moved by Smt Vandana Singh, learned counsel for the petitioner and opposed by Sri G.S. Prasad, learned Additional P.P. for the State and Sri Abhay Kr. Tiwari, learned counsel for the opposite party no.

2. At the outset, Smt Vandana Singh, learned counsel for the petitioner, submits that petitioner is ready to keep opposite party no. 2 as his wife with all love and dignity and he is also ready to give written undertaking that he will not torture her in future. Sri Abhay Kumar Tiwari, learned counsel for he opposite party no. 2, submits that his client is also ready to reside with petitioner provided that he will give an undertaking that he will not torture her in future. In view of the aforesaid undertaking given by the petitioner, I allow this anticipatory bail application and direct the petitioner to surrender in the court below on 20.09.2013. 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, above named, 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 Judicial Magistrate, 1st Class, Deoghar, in connection with P.C.R. Case No. 53 of 2011 corresponding to T.R. No. 489 of 2012, subject to the condition as laid down under section 438(2) of the Cr.P.C. -2- 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, the opposite party no. 2 will file application for cancellation of bail. (Prashant Kumar, J.) sunil/

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