Parash Nath Gope vs State of Jharkhand

Prashant Kumar, J.—Anticipatory bail application filed by petitioner Parash Nath Gope is moved by Sri Ashok Kumar Sinha learned counsel for the petitioner and opposed by Sri Tapas Roy, learned Additional PP for the State and Mr. Pravin Kumar, learned counsel for the opposite party No. 2. At the outset, Sri Ashok Kumar Sinha, submits that petitioner is ready to keep opposite party No. 2 with all love and dignity and he is also already to give written undertaking that he will not torture her in future.

Sri Pravin Kumar submits that his client is also ready to reside with petitioner provided that he will give an undertaking that he will not torture her in future.

In view of the aforesaid undertaking given by the petitioner, I allow this anticipatory bail application and direct the petitioner to surrender in the Court below on 16th January, 2013. On that day, opposite party No. 2 namely Gayatri Devi is directed to remain present in the Court below. The learned Court below is directed to enlarge the petitioner, above named, on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chaibasa in connection with Sadar P.S. Case No. 06 of 2012 corresponding to G.R. No. 288 of 2012, subject to the condition as laid down u/s 438(2) of the Cr. P.C. The learned Court below is further directed to take written undertaking from petitioner that he will not torture O.P. No. 2 in future and will not demand dowry. The learned Court below is further directed to send O.P. No. 2 with petitioner after taking aforesaid undertaking. It is made clear that if in future petitioner will torture, the O.P. No. 2 will file application for cancellation of bail.