Kumar Bishwajeet vs State Of Jharkhand And Ors

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Muffasil P.S. Case No.152 of

2019 registered under sections 498A/34 of the Indian Penal Code and under Section 3/4 of D.P. Act.

Heard the parties.

The petitioner is present in the Court today and he submits that he is ready and willing to resume conjugal life with the opposite party no.2.

Learned counsel for the opposite party no.2 submits that the opposite party no.2 is not ready and willing to resume conjugal life with the petitioner

because of past conduct.

The Learned counsel for the petitioner submits that the allegations against the petitioner are all false and are general and omnibus in nature. It is next

submitted that the petitioner is ready and willing to pay Rs. 2,10,000/- in installments as ad interim victim compensation to the informant without

prejudice to his defence in this case 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 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., Hazaribagh within one month from today and in the

event of his arrest or surrendering, he will be enlarged on bail provisionally for a period of one month from the date of his surrender on depositing a

demand draft of Rs.26,250/- drawn in favour of the informant namely Akanksha Upadhayay and 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., Hazaribagh in connection with Muffasil P.S. Case No.152 of

2019 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 furnish his mobile number and photocopy of the Aadhar Card with an 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. In

case the petitioner deposits another demand draft of Rs.26,250/- within the period for which the provisional bail is granted, then the provisional bail

shall be extended for further one month from the date of his deposit by the trial court. Accordingly, on depositing of each demand draft of Rs.26,250/-

drawn in favour of the informant namely Akanksha Upadhayay, the provisional bail granted to the petitioner shall be extended for a period of one

month and on the petitioner showing the proof of last demand draft of Rs.26,250/- drawn in favour of the informant namely Akanksha Upadhayay

thereby completing payment of the total amount of Rs. 2,10,000/- on or before eight months of the date of his surrender in the learned court below, the

provisional bail granted to the petitioner shall be confirmed by the trial court till disposal of the case.

It is made clear that in case of failure of the petitioner to deposit any of the installments of Rs.26,250/-, the provisional bail granted to the petitioner will

be cancelled and the trial court will take appropriate steps for his apprehension for facing the trial.

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

Upadhayay and hand over the said demand draft to her, after proper identification.

In case, the said amount is received by the informant, 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.