Rajesh Kumar vs The State of Jharkhand and Nilam Kumari

Hon''ble Mrs. Justice Jaya Roy

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

The petitioner is apprehending his arrest in connection with the case registered under Sections 498A/406 of the Indian Penal Code and Sections 3/4/6 of the Dowry Prohibition Act.

Though the notice was issued and served to the opposite party no. 2 but neither the opposite party no.2 herself or through the counsel appeared before this Court.

Counsel for the petitioner has submitted that there is no specific allegation against the petitioner for demand of dowry in the complaint petition. As the complainant has left her house in the November, 2009, thereafter the petitioner has filed divorce suit in the year 2010 and after receiving notice of the said divorce suit, complainant has filed the present complaint.

Counsel for the State has submitted that though the complainant has not made specific allegation against the petitioner but she has stated before the police regarding the torture and demand of dowry made by the present petitioner.

Considering the facts and circumstances of the case, the petitioner, above named, is directed to surrender in the court below within a period one month from the date of this order i.e. 28.11.2011 and if he surrenders, the trial Court will 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 Chief Judicial Magistrate, Chaibasa in connection with Sadar P.S. Case No. 02 of 2011 corresponding to G.R. No. 17 of 2011 with the conditions that one of the bailors will be his near relative and another will be local resident having immovable property within the jurisdiction of the trial Court and the petitioner will remain physically present before the trial Court at least once in a month on the date fixed for trial till the conclusion of the trial and subject to the conditions laid down u/s 438(2) of the Code of Criminal Procedure.