High CourtsSingle Bench

Saiful Ansari @ Seful Ansari vs State Of Jharkhand And Ors

Jharkhand High Court · Decided on 25 August 2020 · Citation: (2020) 08 JH CK 0206

HON’BLE JUDGES
Rongon Mukhopadhyay, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
A. B. A. No. 131 Of 2020
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Judgment

8 paragraphs · 318 words

Heard the parties.

The petitioner is apprehending his arrest in connection with Pakur (Mahila) P.S. Case No. 6 of 2018 corresponding to G. R. No. 176 of 2018.

It appears that the marriage of the informant was solemnized with the petitioner on 19.05.2017. It has been alleged that there was a demand of Rs. 3 lac cash and on non-fulfillment of which, she was subjected to torture. The matter was compromised, but after the birth of a child, she was once again tortured. It appears that the petitioner had also filed a suit for restitution of conjugal rights being Original (Restitution) Suit No. 22 of 2018.

Pursuant to the order dated 07.08.2020, learned counsel for the petitioner submits that he had approached the opposite party no. 2 to take her back, but she had refused which fact has been refuted by the learned counsel for the opposite party no. 2. Since the chance of a compromise is bleak, the matter is accordingly, being dealt with on merits.

The FIR reveals that the initial allegations prior to the birth of child are general and omnibus in nature, so far as the petitioner is concerned who happens to be the husband of the informant.

On consideration of the entire facts of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner.

Accordingly, the petitioner above named is directed to surrender in the court below within four weeks and pray for bail, and in that event, he shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned C.J.M., Pakur in connection with Pakur (Mahila) P.S. Case No. 6 of 2018 corresponding to G. R. No. 176 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This application stands allowed.