-------- For the Petitioner : Mrs. M.M. Pal, Sr. Advocate :Mr. Anup Kumar Agarwal, Advocate For the State : Mr. Vijay Kumar Roy, APP For the O.P. No. 2: Mr. D.K. Chakraverty, Advocate
-------- 04/15.09.2015 Heard the parties. The petitioner apprehends his arrest in connection with Sonari P.S. Case No. 151 of 2014, corresponding to G.R. Case No. 2227/2014, registered for the offence punishable under Sections 498(A) and 406 of the Indian Penal Code and section of D.P. Act. It has been submitted by the learned senior counsel for the petitioner that initially a complaint case was instituted being C/1 Case No. 375 of 2014, which was sent to the police under section 156(3) of the Code of Criminal Procedure and pursuant thereto, Sonari P.S. Case No. 151 of 2014 was registered. It has further been submitted that earlier the complainant- informant had solemnized marriage with one Sashikant Kumar Singh and she had levelled similar allegations against her ex-husband and ultimately by virtue of an application for divorce, a decree was granted vide judgment dated 14th September, 2009. It has also been submitted that the first FIR was instituted at Ghaziabad in the State of U.P. Learned senior counsel further adds that the conduct of the informant would be evident from the fact that on one hand, the talk of compromise was going on and on the other hand, she had filed a complaint case on 3.2.2014. It has been submitted that the petitioner has filed a suit for restitution of conjugal rights prior to the institution of FIR. Mr. D.K. Charaverty, learned counsel for O.P. No. 2, on the other hand, has submitted that the petitioner is the husband of the informant and specific allegations have been levelled against him of torture and that the property of the informant was being sold and the amount collected to the tune of Rs.15 lacs was retained by this petitioner. Considering the entire scenario, as has been depicted above, it appears that the informant has lodged an FIR at Ghaziabad as well as at Jamshepdur and the petitioner has filed a suit for restitution of conjugal rights prior to institution of the present FIR. In such circumstances, I am inclined to allow this application. Accordingly, the petitioner, named above, is directed to surrender in the court below within a period of three weeks from today and pray for regular bail, 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 Shri M. Kumar, learned Judicial Magistrate, 1st class, JSR ( Jamshedpur), in connection with Sonari P.S. Case No. 151 of 2014, corresponding to G.R. Case No. 2227/2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. ( Rongon Mukhopadhyay, J) Rakesh/
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