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IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Miscellaneous Jurisdiction)
A.B.A. No. ………………………… of 2024
In the matter of:
An application under Section
438 and 440 of the Code of
Criminal Procedure, 1973;
AND
In the matter of: -
Roshan Turi, aged about 24 years, son of
Chamru Turi, resident of Jharna Tola,
Taljhari, P.O. & P.S.- Taljhari, District-
Sahibganj.
… Petitioner
Versus
1. The State of Jharkhand;
2. Mamta Devi, Daughter of Mahendra Turi, Wife
of Roshan Turi, resident of Sri Ram Chowki,
P.O. & P.S.- Sahibganj Muffassil, District-
Sahibganj.
… Opposite Parties
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To,
The Hon’ble Mr. Justice Shree
Chandrashekhar, the Acting Chief
Justice of the High Court of Jharkhand
and his other companion Judges of the
said Hon’ble Court.
The humble application on
behalf of the above named
petitioner:
Most Respectfully Sheweth:
1. That in the instant anticipatory bail
application, the petitioner prays for grant
of anticipatory bail, as the petitioner has
got reasonable apprehension of being
arrested in connection with Complaint Case
No. 406 of 2018 registered under Section
498A of the Indian Penal Code, now pending
in the Court of Learned Chief Judicial
Magistrate, Sahibganj.
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2. That the Petitioner has earlier not moved
before this Hon’ble Court for grant of self
same relief or any other relief in
connection with this case, nor has the
petitioner filed any other criminal
application like anticipatory / regular
bail application, criminal writ petition,
criminal revision or criminal miscellaneous
petition, etc. before this Hon’ble Court in
connection with this case.
The cause of action has arisen within the
jurisdiction of the Hon’ble High court of
Jharkhand at Ranchi.
3. That, the prosecution case has been lodged
on the basis of complaint filed by the
complainant Manta Devi before the learned
court of C.J.M, Sahibganj alleging therein
that the marriage of complainant was
solemnized two years ago with RausanTuri as
per Hindu rites and customs. After
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marriage, she was kept in her matrimonial
house with well manner for three months.
Thereafter, her husband and mother-in-law
both were started torturing her in various
ways. Out of said wedlock, when complainant
became pregnant, then her in-laws neither
provided proper treatment nor they looked
after. Her mother-in-law demanded to bring
Rs. One lakh from parental house. They have
threatened her that if you not bring one
lakh, then you will not be kept in the
house and second marriage will be
solemnized. She further alleged that after
February, 2017, she was again tortured and
an attempt was made to kill her. Then her
maternal relatives came to try to pacify
the matter but all went in vain. Lustly,
she was ousted from her matrimonial house
after snatching her all belongings. On
these allegations case was registered.
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Certified copy of
complaint petition and
S.A. of complainant is
hereby annexed and marked
as Annexure-1 to this
Application.
4. That the petitioner states and submits that
the petitioner is absolutely innocent and
has committed no offence as alleged in the
complaint petition.
5. That the petitioner states and submits that
the Learned Chief Judicial Magistrate at
Sahibganj examined the complainant on S.A.
u/s 200 Cr.P.C. and two enquiry witnesses
u/s 202 Cr.P.C., the Learned court was
pleased to take cognizance against the
petitioner and co-accused under sections
498A of the Indian Penal Code vide order
dated 11.10.2019.
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Certified copy of the
Cognizance order dated
11.10.2019 is being
annexed herewith and
marked as Annexure-2 to
this Application.
6. That the petitioner states and submits that
he has been falsely implicated in the
present case.
7. That the petitioner states and submits that
the allegation levelled in the complaint
petition is not true and the petitioner is
absolutely innocent and has committed no
such offence.
8. That the petitioner states and submits that
the petitioner has been falsely implicated
in the present case due to some ulterior
motive and personal grudge by the
complainant.
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9. That the petitioner states and submits that
the petitioner has been made accused only
on the account of the fact that he is
husband of the complainant.
10. That the petitioner states that the
petitioner never demanded any kind of dowry
from the complainant or from her parents
nor has he treated the complainant with
cruelty or subjected her to any torture for
the same.
11. That the petitioner states that from a
perusal of the complaint it is apparent
that the allegations are vague and
ambiguous and no specific overt-act has
been alleged against the present
petitioner.
12. That the petitioner states that the
allegation of demanding dowry are false and
concocted and nothing has been brought on
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record which suggests the day and time of
such demand.
13. That the petitioner states that the there
is no medical documents to show that any
assault or physical torture has been caused
to the complainant by the petitioner or his
family members.
14. That the petitioner states and submits that
the complainant herself went to her parents
house but she did not return, for which the
petitioner went to her house and told her
to come back but she refused to live with
him.
15. That the petitioner states and submits that
from the bare perusal of complaint petition
there is general and omnibus allegation
against the petitioner.
16. That the Petitioner states that the
Petitioner belongs to a respectful family.
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17. That the Petitioner states that the
petitioner is working as daily wage labour
and there is no criminal antecedent against
him save and except the present case.
18. That the petitioner states that no process
u/s 82 Cr.P.C and 83 Cr.P.C has been issued
against the petitioner and the present case
is at the stage of appearance of the
petitioner at the learned court below.
19. That the Petitioner states that the entire
case and complaint petition is the blatant
misuse of the process of law and has been
intentionally lodged to demean and
blackmail and tarnish the dignity of the
family and the petitioner.
20. That the Petitioner states that the entire
allegations made in the present complaint
petition are motivated, afterthought, false
and concocted.
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21. That the petitioner states and submits that
there is absolutely no evidence available
on the entire case record to implicate the
petitioner in the present case.
22. That the petitioner states and submits that
in view of above no case, as alleged, is
attracted against the petitioner and false
implication of the petitioner cannot be
ruled out.
23. That the petitioner states and submits that
the petitioner will suffer gravely if he is
taken into custody and he will face serious
harassment and humiliation and would cause
him serious loss and irreparable injury.
24. That the petitioner states and submits that
the there is no chance of absconding of
petitioner and/or tampering with the
evidence of the prosecution and he will
face the trial.
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25. That the petitioner states and submits he
is ready and willing to abide by any terms
and conditions imposed upon him by the
Hon’ble Court for grant of anticipatory
bail.
26. That the petitioner stated that he had
moved before the Court of Sri Manoj Kumar
Singh, learned Sessions Judge, Sahibganj
for grant of anticipatory bail in
Anticipatory Bail Petition No. 400 of 2023
but the prayer for anticipatory bail has
been rejected by order dated 04.09.2023
without considering the aforesaid facts and
circumstances of the present case.
27. That this application is being made bona
fide and in the interest of justice.
It is, therefore, humbly
prayed that Your Lordship may
graciously be pleased to order
for release of the petitioner
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on anticipatory bail in
connection with Complaint Case
No. 406 of 2018, now pending
in the Court of Learned Chief
Judicial Magistrate,
Sahibganj.
And / or
During pending hearing of this
anticipatory bail application,
Your Lordship may be pleased
to direct that the petitioner
may not be arrested.
And/Or
Pass such other order or
orders as Your Lordship may
deem fit and proper in the
facts and circumstances of
this case;
And for this the Petitioner shall ever
pray.
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A F F I D A V I T
I, Laxman Turi, Son of Fulchand
Turi, resident of Tljhari, P.O. & P.S.-
Taljhari, District- Sahibganj, do hereby
solemnly affirm and state as follows:-
1.That I am brother-in-law (Jija) as well
as Pairvikar of the petitioner and as
such, I am well acquainted with the facts
and circumstances of the case.
2.That the contents of this bail
application and affidavit have been read
over and explained to me in Hindi which I
have understood.
3.That the statements made in Para
Nos.__________________are true to my
knowledge, those made in Para
Nos.__________________________are based
upon information derived from the records
of the case and rest are by way of
submissions before this Hon’ble Court.
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4.That the annexures are photo/true/
certified copies of their respective
originals.
5.That I do hereby verified, sworn and put
my Signature on 12.02.2024 before this
Hon’ble Jharkhand High Court at Ranchi.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Miscellaneous Jurisdiction)
A.B.A. No. ……………………………of 2024
Roshan Turi … Petitioner
Versus
The State of Jharkhand & Another
… Opposite Parties
I N D E X
Sub.:-Anticipatory Bail
Sl. No. Particulars Page
Nos.
1. Anticipatory bail 1-15
application along with
Affidavit and Aadhaar Card
of the Pairvikar
2. Annexure-1 Certified copy of the 16-18
Complaint Petition and S.A.
of complainant.
3. Annexure-2 Certified copy of the 19-20
Cognizance order dated
11.10.2019.
4. Impugned order 21-23
5. Vakalatnama 24
