Mr Kaushar Alam Alias Md Ali Vs. the State of Jharkhand - Court Judgment

Excerpt:
in the high court of jharkhand at ranchi a.b.a. no. 4735 of 2012 kaushar alam @ ali @ kausar alam .... petitioner(s) versus state of jharkhand & another ... opposite party coram : honble mr. justice d.n.upadhyay for the petitioner (s): mr. arun kumar for the opposite party : addl.p.p. 15.04.2013 heard the learned counsel for the petitioners and the learned counsel for the state. this is an application for grant of anticipatory bail filed by the petitioners in connection with complaint case no. 828 of 2012 for the offence registered under section 498a of the indian penal code. petitioner has been prosecuted for committing torture and treating the complainant with cruelty for want of more dowry. it is submitted that marriage between complainant and the petitioner was solemnized in the year 2003 and according to the complainant, she spent one year peacefully and thereafter, petitioner started committing torture upon her. learned counsel for the state has opposed the prayer. considering matrimonial nature of the offence coupled with the facts and circumstances of the case, the petitioner above named is directed to appear/ surrender before the court below within a period of three weeks positively from the date of this order and on his surrender, he shall be released on bail on furnishing bail bond of rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned judicial magistrate, dhanbad, in connection with c.p. case no. 828 of 2012, subject to the conditions laid down under section 438(2) cr.p.c. ambastha/- ( d.n.upadhyay,j.)

Judgment:
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4735 of 2012 Kaushar Alam @ Ali @ Kausar Alam .... Petitioner(s) Versus State of Jharkhand & another ... Opposite Party Coram : HONBLE MR. JUSTICE D.N.UPADHYAY For the petitioner (s): Mr. Arun Kumar For the opposite party : Addl.P.P. 15.04.2013 Heard the learned counsel for the petitioners and the learned counsel for the State. This is an application for grant of anticipatory bail filed by the petitioners in connection with Complaint case No. 828 of 2012 for the offence registered under section 498A of the Indian Penal Code. Petitioner has been prosecuted for committing torture and treating the complainant with cruelty for want of more dowry. It is submitted that marriage between complainant and the petitioner was solemnized in the year 2003 and according to the complainant, she spent one year peacefully and thereafter, petitioner started committing torture upon her. Learned counsel for the State has opposed the prayer. Considering matrimonial nature of the offence coupled with the facts and circumstances of the case, the petitioner above named is directed to appear/ surrender before the court below within a period of three weeks positively from the date of this order and on his surrender, he shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Dhanbad, in connection with C.P. Case No. 828 of 2012, subject to the conditions laid down under section 438(2) Cr.P.C. Ambastha/- ( D.N.Upadhyay,J.)