Avinash Kumar Bajpeyee vs State Of Jharkhand

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Mahila (B.S. City) P.S. Case

No.18 of 2019 registered under sections 498A/420/406/323/34 of the Indian Penal Code.

Heard the parties.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has solemnized marriage with the

informant by misrepresenting that he is an engineer but in fact it was found out that he is only a Diploma holder in Mechanical Engineering and though

he is pursuing a degree course in engineering but he has not completed the same as yet. It is also alleged that the petitioner is an impotent person but

the same is not a fact and in this connection, learned counsel for the petitioner draws the attention of this Court to page no.17 (annexure-3 series) of

the supplementary affidavit dated 20.11.2019 and submits that Dr. Shamik Das who is an M.B.B.S., M.D. (Dermatology & Venereology) certified

that, on the semen analysis of the petitioner, the same was found to be normal. It is then submitted that the allegation against the petitioner are false

and are general and omnibus in nature and the petitioner is ready and willing to resume conjugal life with the informant-opposite party no.2 and has

filed a petition for restitution of conjugal life in the Family Court, Seraikella. It is next submitted that the petitioner is ready and willing to pay

Rs.6,50,000/- as ad interim victim compensation to the informant-opposite party no.2 without prejudice to his defence in this case and is ready and

willing to handover the Bed, Matress, Dressing Table and a Steel Almirah of Godrej brand at her father’s house at Qr. No.1155, Bokaro Steel

City, P.O.+P.S.- Bokaro in the District of Bokaro and undertakes to cooperate with the investigation of the case. Hence, it is submitted that the

petitioner be given the privilege of anticipatory bail.

Learned Addl. P.P. and the learned counsel for the opposite party no.2 opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner

be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of four months from the date of this order, he

shall be released on bail on depositing a demand draft of Rs.6,50,000/- as ad interim victim compensation in favour of informant-opposite party no.2

and showing the proof of handing over the articles of the opposite party no.2 (i.e. Bed, Matress, Dressing Table and a Steel Almirah of Godrej brand)

at her father house at Qr. No.1155, Bokaro Steel City, in the District of Bokaro and 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 Judicial Magistrate - 1st Class, Bokaro, in connection with Mahila

(B.S. City) P.S. Case No.18 of 2019 with the condition that the petitioner will cooperate 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 subject to the conditions laid down under section 438 (2) Cr.

P.C.

In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the informant-opposite party

no.2 and hand over the said demand draft to her, after proper identification.

In case, the said amount is received by the informant-opposite party no.2, the same shall be adjusted with respect to the maintenance in any present or

future proceeding between the parties or final settlement between the parties, if and when the same takes place.