The Court allowed the application for anticipatory bail. It confirmed the order dated 05.03.2020, noting the petitioner apprehends arrest in connection with a Bodam P.S. Case regarding allegations of dowry torture and illicit relationship.
The application for anticipatory bail is allowed and the order dated 05.03.2020 confirming it is made.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1428 of 2020
Dhiren Kumar. …..Petitioner
Versus
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Coram: THE HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY
For the Petitioner : Mr. Anurag Kashyap, Advocate For the State : Mr. S.K. Keshri, A.P.P. For the O.P. No. 2 : Mr. P.A.S. Pati, Advocate
04/15-06-2020 Heard the parties.
The petitioner apprehends his arrest in connection with Bodam P.S. Case No. 32 of 2019.
The marriage of the complainant was solemnized with the petitioner on 18.4.2018. It has been alleged that there was a demand of Rs.5,00,000/- and on account of non-fulfillment of which she was subjected to torture. It has further been alleged that the petitioner had an illicit relationship with his sister in law.
It appears that the petitioner has filed a suit for restitution of conjugal rights, which has been registered as MTS No. 813 of 2019.
Learned counsel for O.P. No. 2 has submitted that the O.P. No. 2 is not inclined to reside with the petitioner in view of numerous occasions of torture she had to face. He has further submitted that if one time settlement is given to her, the matter can be finally settled.
It appears from the allegations made in the FIR that the same are general and omnibus barring a few instances which was a resultant effect of the purported illicit relationship between the petitioner and his sister in law. As stated above, an application for restitution of conjugal rights has already been filed by the petitioner although learned counsel for the O.P. No. 2 has stated that the O.P. No. 2 is not inclined to reside with the petitioner and resume her conjugal life.
In view of what has been stated above, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the order dated 5.3.2020 granting anticipatory bail to the petitioner is hereby confirmed.
This application stands allowed and disposed of.
(Rongon Mukhopadhyay, J)
Rakesh/-
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest in a domestic violence case.
Whether to confirm the order dated 05.03.2020 granting anticipatory bail.
Dhiren Kumar
The State of Jharkhand
Shitala Kumbhakar
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
