Sanjeev Kumar Pandey vs State of Jharkhand

P.P. Bhatt, J.—The present anticipatory bail application is filed under Sections 438 and 440 of the Code of Criminal Procedure seeking anticipatory bail as the petitioner is having reasonable apprehension of his arrest in connection with Patratu P.S. Case No. 116 of 2013, corresponding to G.R. No. 1931 of 2013 for the alleged offence punishable under Sections 498A and 323 of the Indian Penal Code and Sections 3/ 4 of the Dowry Prohibition Act, pending in the Court of learned Judicial Magistrate, 1st Class, Hazaribagh. Heard the learned counsel for the petitioner as well as the learned APP appearing on behalf of the State and the learned counsel appearing on behalf of Opp. Party No. 2 and perused the F.I.R. and other papers annexed to this application.

Learned counsel for the petitioner submitted that the petitioner, who is husband of the informant, is an innocent person and has not committed any offence as alleged and he has been falsely implicated in this case. Learned counsel for the petitioner further submitted that the allegations made in the F.I.R. are of general in nature and the same are vague and without any basis. It is further submitted that a Title Matrimonial Suit was instituted on 5.5.13 by the petitioner and after service of summons/gathering knowledge of the petitioner''s suit, the complainant/informant has instituted the present F.I.R. on 10.6.13, which is subsequent to the institution of the Title Matrimonial Suit. It is also submitted that the filing of the present F.I.R. is a counter attack after institution of the Title Matrimonial Suit with a view to cause harassment to the petitioner by misusing and abusing the process of law. Learned counsel for the petitioner further submitted that during the course of investigation, three independent witnesses have been examined who have also not supported the case of the prosecution. It is lastly submitted by the learned counsel for the petitioner that the petitioner is a Government servant working in the Public Works Department, Varanasi and is a law abiding citizen is also ready and willing to abide by the terms and conditions that may be imposed by this Court.

The learned counsel appearing on behalf of informant has opposed the prayer for anticipatory bail of the petitioner and submitted that there are specific allegations against the petitioner of causing mental and physical torture as also demand of dowry. By referring Annexure-A to the counter affidavit, filed by the informant, it is further submitted that there is an evidence against the present petitioner for taking certain amount towards dowry. Learned counsel for the petitioner further submitted that there is prima facie case against the petitioner with regard to involvement in the alleged offence and, therefore, he is not entitled for grant of anticipatory bail.

Learned APP also opposed the prayer for anticipatory bail of the petitioner and submitted that as per paragraphs 5, 6, 14 and 15, prima facie, there is case against the present petitioner. Learned counsel for the informant as well as learned APP also submitted that process under Sections 82 and 83, Cr.P.C. was issued on 23.11.13 and, therefore, the present petitioner is also not eligible and entitled for grant of anticipatory bail.

As against this, the learned counsel for the petitioner submitted that the present petitioner has approached this Court by filing the instant anticipatory bail application on 6.9.2013 i.e. prior to the issuance of the process under Sections 82 and 83, Cr.P.C. i.e. 20.11.2013 and, therefore, the petitioner cannot be treated as absconder. Moreover, it is submitted that basically it is a matrimonial dispute and his client is ready and willing to resolve it amicably. It is also submitted that petitioner is ready and willing to take his wife and keep her with all dignity and also ready to deposit Rs. 06 lacs given at the time of marriage.

Considering the aforesaid rival submissions and having regard to the facts and circumstances of the present case and from perusal of the materials annexed to this application as well as counter affidavit and also looking to the nature and gravity of the accusation made against the present petitioner as also prima facie considering the fact that Title Matrimonial Suit was instituted prior to filing of F.I.R., the petitioner, who is a Government servant, this court is of the view that the anticipatory bail is required to be granted in favour of the petitioner by imposing certain conditions. So far as the contention raised by the learned APP and the learned counsel for the informant with regard to issuance of process under Sections 82 and 83 Cr.P.C. as well as maintainability of the present petition is concerned, it appears from the record that the process under Sections 82 and 83 was issued on 20.11.13 whereas the present application seeking anticipatory bail was filed on 10.9.13. Thus the petitioner has approached to this Court by filing the instant application prior to the issuance of process under Sections 82 and 83, Cr.P.C. and, therefore, the submissions advanced by the learned APP and the learned counsel for the informant cannot be accepted. Accordingly, in the event of his arrest or surrender within two weeks from the date of this order, the petitioner, named above, is directed to be released on bail on executing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Hazaribagh, in connection with Patratu P.S. Case No. 116 of 2013, corresponding to G.R. No. 1931 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Over and above, the petitioner shall deposit Rs. 06 (six) lacs before the concerned court below within a period of fifteen days or at the time of surrendering and on depositing the said amount the application of regular bail shall be considered by the learned court below in accordance with law. Out of the said deposited amount, Rs. 01 (one) lac be paid to the informant Smt. Vibha Rani alias Vibha Pandey after proper verification and the remaining amount of Rs. 05 (five) lacs be invested in the name of informant Vibha Rani alias Vibha Pandey by way of fix deposit in any nationalized Bank of the choice of the informant initially for a period of one year. Thereafter, informant lady is at liberty to renew it for further period as required or encash it as may be deem fit and proper to the informant.