Radha Govind Bhagat and Abhitej Bhagat @ Monu @ Kumar Avitej vs The State of Jharkhand and Sweta Prasad

Hon''ble Mrs. Justice Jaya Roy

Heard learned counsel for the petitioners and learned counsel for the State. Petitioners are apprehending their arrest in connection with the case registered under Sections 498A, 406 of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act.

Earlier both the parties had submitted that there was a chance of compromise in this matter. Accordingly, I had referred this matter to the Conciliator. The report of the Conciliator has come which shows that in spite of several sittings conciliation has been failed. Now, the case is fixed today for hearing the application on merit.

Learned counsel for the petitioners submits that there is no specific allegation against any of the petitioners. He has further contended that accused No. 1, who is husband of the complainant has given a flat on the anniversary of their marriage to the complainant and therefore, there is no question of demand of money for the said flat from the complainant or her family. It is further contended that other allegations made in the complaint petition are false and vague because the complainant herself is not willing to live with the husband.

Learned counsel for the O.P. No. 2 has submitted that there is specific allegation against accused, namely, Amitej Kumar and Radha Govind Bhagat regarding the demand of dowry and also regarding the torture.

Considering the fact that there is specific allegation against the petitioner No. 1, namely, Radha Govind Bhagat, I am not inclined to grant anticipatory bail to the petitioner No. 1, namely, Radha Govind Bhagat. Accordingly, the prayer for anticipatory bail of the petitioner No. 1 is rejected. Regarding the petitioner No. 2, namely, Abhitej Bhagat @ Monu @ Kumar Avitej, as there is no specific allegation against him neither in the complaint petition nor in the statement made by the complainant on her oath, I direct the petitioner No. 2 namely, Abhitej Bhagat @ Monu @ Kumar Avitej to surrender in the court below within a period of one month from the date of this order i.e. 15.03.2012. If he surrenders within the said period, the trial Court is directed to release him on bail, on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of like amount each to the satisfaction of Judicial Magistrate, Dhanbad in connection with Complaint Case No. 1980 of 2010, subject to the condition that one of the bailors will be local resident having immovable property within the jurisdiction of the District concern and also subject to the conditions laid down u/s 438(2) of the Cr.P.C.