Sanjay Kumar vs State Of Jharkhand And Ors

Heard learned counsel for the petitioner and learned A.P.P for the State through Video Conferencing.

Learned counsel for the petitioner prays that defect no. 9 (ii) and (iv) which relates to page no. 19 of the petition may be ignored as page is otherwise legible and complete except the last line which is not of much significance. Accordingly, defect no. 9 (ii) and (iv) is ignored. So far defect no. 9(iii) is concerned which relates to non-filing of duly certified typed copy of handwritten pages at Annexure-2 & 3, in view of the submission made by learned counsel for the petitioner, it is also ignored.

Petitioner is an accused in connection with C.P. Case No. 96/2019 for the offences registered under sections 498(A) and 323 of the Indian Penal Code, pending in the Court of Miss Babita Mittal, learned Judicial Magistrate, 1st Class, Bokaro.

Learned counsel for the petitioner submits that marriage between the petitioner and the complainant / opposite party no. 2 was solemnized on 24.04.2002. There are two children born out of the wedlock who are staying with the petitioner. This complaint has been filed after institution of the divorce suit being Original Suit No. 486/2018 before the learned Family Court, Bokaro on 11.12.2018 by the petitioner / husband. It is submitted that prior to this complaint, mother of the petitioner has lodged a complaint against the complainant under Domestic Violence Act on 30.01.2017 and A.S.I has also written to the C.D.P.O, Chas, Bokaro for inquiry on this complaint. The complainant / wife has, without any basis, implicated several persons of the family and there is no proof of any demand of dowry or torture after 17 years of marriage. As such, petitioner would suffer unnecessary incarceration if he is not allowed privilege of anticipatory bail in terms of section 438 of the Cr.P.C.

Learned Additional Public Prosecutor is present.

Issue notice to the Opposite party No. 2 under registered cover with A/d, for which requisites to be filed within one week, failing which this application shall stand dismissed without further reference to the Bench. In case learned counsel for the petitioner supplies mobile number of the complainant / O.P. No. 2, intimation of the instant case and the order passed today may also be sent to the complainant on the cell number through Whatsapp.

In the meantime, no coercive steps be taken against the petitioner in connection with C.P. Case No. 96/2019, pending in the Court of Miss Babita Mittal, learned Judicial Magistrate, 1st Class, Bokaro.

Let the matter be listed in the last week of June 2020.