Rajesh Kumar Mishra vs State Of Jharkhand And Ors

Heard the parties.

The petitioner apprehends his arrest in connection with Complaint Case No. 175 of 2019.

The marriage of the complainant was solemnized with the petitioner on 6.3.2017. It has been alleged that after a few days, there was a demand of

Rs.5,00,000/- and on non-fulfillment of which she was ousted from her matrimonial house. However, when she went back to her matrimonial house,

the demand and torture was repeated. It has also been alleged that her husband and father in law had come to her parent's house and demanded

Rs.2,00,000/- in cash and when her father denied, they had abused him and the petitioner had subjected her to assault.

It has been submitted by the learned counsel for the petitioner that the allegations made in the complaint petition are general and omnibus in nature. It

has further been submitted that specific allegation against the petitioner seems to have been developed by the complainant in her solemn affirmation.

Learned counsel submits that prior to institution of the complaint case, the petitioner had filed a suit for restitution of conjugal rights being Original Suit

No. 40 of 2018, in which the matter was compromised and the said suit was ultimately dismissed on the basis of a compromise.

Learned counsel for the O.P. No. 2 has opposed the prayer for anticipatory bail of the petitioner and has specifically referred to the solemn

affirmation of the complainant by stating that the petitioner along with four to five unknown persons had come to the parent's house of the complainant

and had assaulted her as well as demanded dowry.

It appears that in the complaint petition, the allegation of demand of dowry and assault seems to have been levelled against all the accused persons.

The suit for restitution of conjugal rights was dismissed on account of the fact that the matter was compromised between the parties, pursuant to

which, the O.P. No. 2 was taken back to her matrimonial house where after a few days, it is alleged that the torture and demand had once again

started.

Considering the generality of allegations levelled against the petitioner, I am inclined to extend the privilege of anticipatory bail to the petitioner.

The petitioner, named above, is accordingly directed to surrender in the court below within a period of four weeks from today and in that event, he will

be enlarged on bail, on furnishing bail bond of Rs.10,000/- ( Ten thousand only) with two sureties of the like amount each to the satisfaction of learned

Judicial Magistrate, First Class, Palamau at Daltonganj in connection with Complaint Case No. 175 of 2019, subject to the conditions as laid down

under Section 438(2) of the Code of Criminal Procedure.

This application stands allowed.