Manoj Kumar Gupta vs State of Jharkhand

Prashant Kumar, J.—Anticipatory bail application filed by Manoj Kumar Gupta is moved by Sri. K.P. Choudhary, learned counsel for the petitioner and opposed by Sri. Gouri Shankar Prasad, Addl P.P. for the State. It appears that petitioner, who is the husband of complainant, has filed Matrimonial Suit No. 464 of 2010 on 22.6.10 on the ground of desertion. It further appears that the present First Information Report lodged on 6.1.2012 i.e. after one and half year of filing of the Matrimonial Suit. It is stated that the said FIR lodged after receiving the notice of the aforesaid Matrimonial Suit.

Considering the aforesaid fact and circumstance, I allow this application and direct the petitioner, named above, to surrender in the Court below by 16th January, 2013. If petitioner surrenders by that time, the Court below is directed to enlarge the petitioner, named above, on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate at Chaibasa in connection with Mahila Sadar P.S. case No. 01 of 2012, corresponding to G.R. No. 13 of 2012, subject to the condition as laid down u/s 438(2) of the Cr.P.C.