Rajesh Kumar vs State of Jharkhand

Mr. Ratnaker Bhengra, J.—Bail application has been filed on behalf of the petitioner Rajesh Kumar who is in custody in connection with Mahila P.S. Case No. 08 of 2016 corresponding to G.R. Case No. 440 of 2016 for the offence registered under Sections 498A/307/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act pending in the Court of Smt. R.A. Kujur, learned Judicial Magistrate, 1st Class, Bokaro.

Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner submits that the matter relates to husband and wife and wife has been witnessing some difficulties. Learned counsel referred to Annexure 2, which is hospital report wherein it is indicated that the petitioner was assaulted by his wife and certain injuries were inflicted upon him. Then she has pointed out the document in Annexure 3 which is an agreement between the husband and wife before the Inspector of Police, Electronic City, Bengaluru in which at serial Nos. 7 and 8 it is indicated that "he will not ask me to go and stay with my mother-in-laws and my parents any time in future. We both will not involve either of our parents, brothers and sisters in any of our marital issues." Further at serial no.12 it is indicated that "I will stay in Netherland, if my husband travel out of country due to my husband official commitment, that should not go beyond 15 to 20 days. And my husband has to come back to Netherland at any cost if the official commitment exceed more than 20 days." She has further referred to Annexure 4 which seems to be statement of the informant and the petitioner before Inspector of Police, Electronic City, Bengaluru indicating the problem he was having with his wife in the marriage. She has also referred to Annexure 4 at page 2627 which is apparently the conciliation and as such both have agreed for mutual divorce and finally Annexure 5 in which the husband has again made complaint to Inspector of Police, Electronic City Bengaluru and finally the F.I.R. dated 27.03.2016 submitting that immediately on the next date he was arrested. It is further submitted that though injuries are mentioned in the First Information Report but the injury report is not part of the F.I.R.

Learned counsel for the State has opposed the bail application and stated that there is reference to Section 307 of the I.P.C., to which counsel for the petitioner submitted that there is no injury report.

Having gone through the agreement and records of the case and in the facts and circumstances, I am inclined to release the petitioner on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of Smt. R.A. Kujur, learned Judicial Magistrate, 1st Class, Bokaro in connection with Mahila P.S. Case No. 08 of 2016 corresponding to G.R. Case No. 440 of 2016.