Dhiman Chakma vs State Of Tripura

S. G. Chattopadhyay, J

[1] Applicant Dhiman Chakma apprehending arrest in Chailengta P.S Case No. Chailengta/2021/016 registered for offence punishable under Sections 498A, 109, 313 and 494 IPC and Section 4 of the Dowry Prohibition Act, 1961 has preferred this application for anticipatory bail.

[2] Factual context of the case is as under:

Smt. Nelmish Chakma of Chailengta lodged a written complaint with the Officer-in-Charge of Chailengta police station alleging, inter alia that she developed love affairs with the applicant which matured into their marriage and such marriage was solemnized on 29.01.2015 in accordance with the rites and customs of their community. After marriage she accompanied her husband to her matrimonial home where they lived together and led a happy conjugal life for about two years. During that period she conceived. Her husband was an employee in a private bank at that time who suddenly lost his job two years after their marriage. Having lost his job he demanded a sum of Rs.5,00,000/- from his complainant wife and asked her to bring the money from her parents. As she failed to bring the money, her husband committed physical assault on her which caused her miscarriage. She bore the torture of her husband and in-laws in silence over a period of time. Despite differences between them she again conceived and delivered a male child. From March-2021 her husband again started torturing her for bringing money from her parents. Her accused in-laws also joined him. Having no other alternative she left her matrimonial home along with her son for her parental home. After she left her matrimonial home, her husband developed extra marital relationship with a married woman and contracted second marriage with her. She therefore, lodged the complaint against her husband and in-laws seeking police intervention.

[3] Her complaint was registered at the police station as Chailengta P.S Case No. 2021 CLT 016 under Sections 498A, 109, 313, 494 IPC and Section 4 of the Dowry Prohibition Act, 1961 and investigation of the case was taken up by police. Apprehending arrest in the case the applicant has approached this Court seeking anticipatory bail.

[4] Heard Mr. S. Pandit, learned advocate appearing for the petitioner and Mr. S. Ghosh, learned Addl. Public Prosecutor representing the State respondent.

[5] Mr. Pandit, counsel of the petitioner has invited the attention of the Court to Annexure-3 of the bail application which goes to show that the woman with whom husband of the complainant has allegedly contracted second marriage also lodged a complaint with the Superintendent of police, Dhalai District bringing serious allegations of harassment and physical torture against the complainant of this case. Counsel submits that complainant of the present case along with her relatives committed inhuman torture on the lady on 23rd August, 2021 on the basis of suspicion that her husband might have an extra marital relationship with her. After she was beaten up by them, she lodged a complaint at Chailengta police station. Police refused to accept her complaint. Thereafter, she approached the jurisdictional S. P and ultimately her case was registered in which the present complainant is an accused. Counsel submits that the present complaint has been filed by the complainant only with a view to get rid of the complaint lodged by that lady.

[6] Counsel of the petitioner further submits that the complainant led a happy conjugal life with the applicant in her matrimonial home over a long period of time till March, 2021. During that period a son was born to them. Miscarriage of her first pregnancy was due to her medical complications. Counsel submits that after her miscarriage, she never lodged any complaint to anybody saying that the miscarriage was caused by her husband by committing physical torture on her. Counsel submits that only after she had developed suspicion against her husband that he was having extra marital relationship, she added the said charge of causing miscarriage against her husband. Counsel submits that the applicant is totally innocent. He loves his wife and son and he wants to get them back. The case resulted from misunderstanding and suspicion of his wife that he was having extra marital relationship. Counsel submits that the lady who is suspected by the complainant is a married woman and on the basis of such suspicion the complainant brutally assaulted her along with her relatives for which a case has also been registered against her. It is submitted by Mr. Pandit, learned counsel that if the accused is put to jail to suffer pre trial detention, their marital relationship will come to end and the future of their only son will be spoilt. Counsel therefore, urges the Court for releasing the accused applicant on bail.

[7] Heard Mr. S. Ghosh, learned Additional Public Prosecutor who opposes the bail application on the ground that the charges are serious and a fair investigation is necessary into those charges. The learned Additional P.P has also produced the case diary for consideration of the Court.

[8] Perused the updated case diary and all other prosecution papers available on record. Considered the submissions of the counsel of the parties.

[9] Undisputedly, case arose out of matrimonial discord between the complainant and her husband. They started living separately only from March-2021. They have a son and there are all possibilities of their reunion and restoration of their conjugal relationship. It is on record that the complainant wife suspects her husband to have an extra marital relationship with another woman who has also been arrayed as an accused in the presence case. That woman on the other hand has also brought allegations of harassment and torture against the complainant of the present case and her relatives.

[10] In view of such fact situation, it would not be appropriate to send the applicant to jail which in all probability will spoil the possibilities of restoration of the conjugal relationship between the complainant and her husband who have a minor son. A fair investigation in this case can be carried out even without keeping the applicant in jail.

[11] Having observed thus, the applicant is granted pre-arrest bail. In the event of his arrest, he will be enlarged on bail on his furnishing a bail bond of Rs.20,000/- with one surety of the like amount to the satisfaction of the Investigating Officer on the following conditions:

(i) The applicant will appear before the Investigating Officer at least once in a week and as and when directed by him.

(ii) Pending investigation he will not indulge in any kind of misconduct with his wife and in-laws.

(iii) He will not try to influence any of the witnesses of this case in any manner whatsoever.

[12] It is clarified that observations made above, are for limited purpose of deciding this application. None of the observations, so made, shall be treated as observations made as to the merit of the case during the trial of the case.

In terms of the above, the bail application stands allowed and disposed of. Return the Case diary.