Abul Kalam vs State Of Jharkhand And Another

Sanjay Kumar Dwivedi, J

Heard the learned counsel for the petitioner as well as the learned counsel for the State and the learned counsel appearing on behalf of the O.P.No.2.

The petitioner is apprehending his arrest in connection with Complaint Case No.1648 of 2022, for the offence registered under sections 498A and 34 of the IPC, pending in the court of learned Additional Chief Judicial Magistrate, Giridih.

Learned counsel for petitioner submits that petitioner is husband of O.P.No.2 and there are general and omnibus allegations against the petitioner. He submits that if any allegation is there of assault, that is against the mother-in-law and she has already been provided privilege of anticipatory bail by the learned Sessions Judge.

Learned State counsel opposed the prayer on the ground that the allegations are there.

Learned counsel for complainant opposed prayer and submits that allegations are there and prayer for anticipatory bail of petitioner may be rejected.

Looking to the solemn affirmation it transpires that there are general and omnibus allegations against all the accused persons and if any allegation is there that is against mother-in-law and she has been provided privilege of anticipatory bail by the learned Sessions Judge, and in the attending facts and circumstances, I am inclined to provide privilege of anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is hereby directed to surrender before the learned court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Giridih, in connection with Complaint Case No.1648 of 2022, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.