Mohan Kumar vs State Of Jharkhand & Anr

Anil Kumar Choudhary, J

Heard the parties.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Complaint Case No.2810 of 2021 registered under sections 498A of the Indian Penal Code and under Section 3/4 of D.P. Act.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner being the husband of the complainant has treated the complainant with cruelty in connection with demand of dowry. It is further submitted that the allegations against the petitioner are all false and the parties filed a petition under Section 13B of Hindu Marriage Act vide Original Suit No. 311 of 2021 in the Family Court, Dhanbad for dissolution of their marriage by mutual consent, of course, the same has been dismissed for non-appearance of the complainant. It is next submitted that because of marital discord between the parties, this false case has been foisted by the complainant and there is an inordinate delay in filing the complaint. It is then submitted that the petitioner undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

Learned Addl. P.P. 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 six weeks from the date of this order, he shall be released on bail 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 J.M. 1st Class, Dhanbad, in connection with Complaint Case No.2810 of 2021 with the condition that the petitioner will cooperate with the trial of the case subject to the conditions laid down under section 438 (2) Cr. P.C.