Amitesh Kumar Sahay vs The State of Jharkhand

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with the case registered under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The prosecution case is that this complaint case filed by the O.P. No.2 on 19.08.2015 which was registered as Complaint Case No. 2306 of 2015 alleging that the complainant and the accused petitioner are legally married wife and husband and their marriage was solemnised on 25.11.2008 at Navanagar North 24 Parganas and it was a time when the complainant had shifted from Dhanbad to Navanagar because her father was working there. The complainant was staying at Dhanbad with her mother, who was working as teacher at Dhanbad and the complainant studied at Dhanbad till college. It has been alleged that at the time of marriage the parents and relatives of the complainant gave Rs. 2.00 lacs on demand and pressure made by accused person as cash to him and several goods and articles. It has been further alleged that the complainant barely stayed for two years at Lucknow where she was assaulted and abused mal treated and taunted for not fulfilling the demand of petitioner. The complainant thereafter, was thrown out and she came back to her home at 24 Parganas and she filed a Misc Case No. 656 of 2011 in the court of learned Judicial Magistrate, 5 th Court, Barakpur for maintenance under Section 125 Cr.P.C and the said court below was directed to accused petitioner to pay Rs. 5000/- per month to the complainant and Rs. 4000/- per month to the child.

Perused the report of Mediator, it appears that mediation has been failed.

Learned counsel for the petitioner has submitted that there is omnibus allegation against the petitioner, hence petitioner deserves privilege of anticipatory bail.

Learned counsel for the complainant has opposed the prayer for anticipatory bail and submitted that petitioner is being husband of the complainant and tortured the complainant.

In the fact and circumstances of the case, the above named petitioner is directed to surrender in the Court below within four weeks from the date of this order and in the event of his arrest or surrender the Court below shall enlarge the above named petitioner 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 Judicial Magistrate, 1st Class, Dhanbad in connection with C.P. Case No. 2306 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

However the trial Court is directed to conclude the trial within one year without giving unnecessary adjournment and petitioner is directed to cooperate with the trial and also directed to petitioner shall be physically present before the trial Court as and when required, if he fails to do so, the trial court shall cancel the bail of the petitioner.