Bulaki Pandit vs State of Jharkhand

Dhrub Narayan Upadhyay, J.—Heard learned counsel for the parties. The petitioner is accused in connection with Jasidih P.S. Case No. 235 of 2012 corresponding to G.R. Case No. 1179 of 2012 arising out of RCR. Case No. 56 of 2012, registered under Sections 323, 498-A and 379 of the Indian- Penal Code and Sections 3, 4 of Dowry Prohibition Act, pending in the Court of learned Sub-Divisional Judicial Magistrate, Deoghar.

It reveals that the petitioner has been prosecuted for causing torture and treating the informant with cruelty for want of more dowry. It is alleged that petitioner has arranged second marriage with a lady named Arpita.

It is submitted that petitioner has not arranged the second marriage with any girl named as Arpita. He is still ready to keep the complainant with all dignity and care. The complainant has also accepted in a case filed for maintenance that she is ready to live with the petitioner.

Learned counsel appearing for the informant opposed the prayer for bail and submitted that charge-sheet has also been filed u/s 494, I.P.C. Furthermore, said Arpita is also having a child out of the said relation which she is having with the petitioner. Considering all these aspects, I do not feel inclined to give benefit of Section 438, Cr.P.C. to the petitioner. Accordingly, the prayer for anticipatory bail on behalf of petitioner stands dismissed.