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Judgment
Heard the parties.
Defects, as pointed out by the office, are ignored. The petitioner apprehends his arrest in connection with Balidih P.S. Case No. 102 of 2020.
The marriage of the informant was solemnized with the petitioner on 21.04.2019. It has been alleged that the petitioner had an illicit relationship with
his sister-in-law. It has also been alleged that she was brutally assaulted resulting in a miscarriage having been suffered by her. Lastly allegation has
been leveled that the petitioner was ready to keep her with him provided she brings Rs. 10,000/- as dowry.
Submission has been advanced by the learned counsel for the petitioner that prior to institution of the FIR the suit of restitution of conjugal rights under
section 9 of the Hindu Marriage Act was preferred by the petitioner and as a counter blast the FIR was instituted. It has also been stated that the
petitioner regularly sends money to the informant as well as her mother.
Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner.
It appears that primary cause of dispute seems to be purported illicit relationship the petitioner was having with his sister-in-law. Although it has been
stated that the miscarriage occurred on account of the assault committed by the petitioner upon her but there is no medical prescription on record to
substantiate such contention. The petitioner is ready and willing to keep the informant with full dignity and honour as stated by the learned counsel for
the petitioner and for that purpose a suit had earlier been instituted for restitution of conjugal rights.
Regard being had to the above, I am inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, the petitioner, above named, is
directed to surrender before the court below within a period of four weeks from today and in that event, he shall 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 S.D.J.M., Bokaro, in connection
with Balidih P.S. Case No. 102 of 2020, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
This application stands allowed.