Ashutosh Kumar @ Asutosh Tiwary @ Asutosh Kumar vs State of Jharkhand

Heard the parties through video conferencing. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Daltonganj Town P.S. Case No.259 of 2020 registered under sections 498A/341/34 of the Indian Penal Code.

Learned counsel appearing for the petitioner and learned counsel for the informant jointly submits that both the petitioner and the informant are ready and willing to resume their conjugal life. It is next submitted that the petitioner and the informant, in person, will appear before the trial court on 26th April, 2021 and the petitioner will take the informant to his house with an undertaking that he will keep and maintain the informant with full dignity and honour as his lawful wife. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

Learned Addl. P.P. appearing for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned C.J.M., Palamau at Daltonganj on 26th April, 2021 and on that day on his taking his wife to his house with an undertaking that he will keep and maintain the informant with full honour and dignity as his lawful wife, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Palamau at Daltonganj in connection with Daltonganj Town P.S. Case No.259 of 2020 with the condition that he will co-operate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

It is made clear that in case the informant does not appear before the trial court on 26th April, 2021, still the petitioner shall be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Palamau at Daltonganj in connection with Daltonganj Town P.S. Case No.259 of 2020 with the condition that he will co- operate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case with further condition that he will resume conjugal life with the informant as and when the informant joins him for resuming the conjugal life and the petitioner will keep and maintain her with dignity and honour as his lawful wife and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.