Krishna Kumar Mishra vs State of Jharkhand

Heard the parties.

Defects, as pointed out by the office, are ignored. The petitioner apprehends his arrest in connection with Gumla P.S. Case No. 294 of 2019.

The marriage of the informant was solemnized with the petitioner on 30.03.2013. It has been alleged that there was a demand of Rs.2,00,000/- and on

nonfulfillment of which she was subjected to torture. It has further been alleged that since 2017, the petitioner was having an illicit relationship with

another girl, with whom, the petitioner was intending to solemnize marriage. On an objection being raised, she was assaulted on 25.4.2019 and since

then she is staying at her parent's house.

Learned counsel for the petitioner has submitted that although admittedly as per the FIR, she had left her matrimonial house on 25.04.2019 but it

appears that on 25.7.2020, she has given birth to a child and in the notice under section 41A Cr.P.C., the petitioner has given a reply and has also

brought to the notice of the Investigating Officer the various documents indicating the informant giving birth to a child.

Learned A.P.P has opposed the prayer for anticipatory bail of the petitioner.

From the memo of evidence, which has been sent to this Court by the learned A.P.P., it appears that the admission slips and various other documents

were brought to the notice of the Investigating Officer indicating that the informant had given birth to a child and if the same is considered in the

backdrop of the allegations levelled in the FIR, it would appear that the informant was living separately from her husband since 25.4.2019 whereas the

birth of the child was on 5.7.2020.

Regard being had to the above, I am inclined to extend the privilege of anticipatory bail to the petitioner.

The petitioner, named above, is accordingly directed to surrender in the court below within a period of four weeks from today and on his

surrender/arrest, he will be enlarged on bail, on furnishing bail bond of Rs.10,000/- ( Ten thousand only) with two sureties of the like amount each to

the satisfaction of learned Chief Judicial Magistrate, Gumla in connection with Gumla P.S. Case No. 294 of 2019, subject to the conditions as laid

down under Section 438(2) of the Code of Criminal Procedure.

This application stands allowed.