High CourtsSingle Bench(2021) 02 JH CK 0086

Samresh Ganjhu vs State Of Jharkhand And Ors

Jharkhand High Court · Decided on 10 February 2021

HON’BLE JUDGES
Rongon Mukhopadhyay, J
RESULT
Allowed
CASE NUMBER
A.B.A. No. 556 Of 2020

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Judgment

19 paragraphs · 354 words

Heard Mr. Vijay Kumar Sharma, learned counsel for the petitioner and Mr.

P.K. Appu, learned A.P.P. None appears on behalf of the O.P. N. 2.

The petitioner apprehends his arrest in connection with Complaint Case No. 3949 of 2018.

The marriage of the complainant was solemnized with the petitioner on 28.4.2016. It has been alleged that there was a demand of Rs.1,00,000/- in

cash and a motorcycle and on non fulfilment of which she was subjected to torture and ultimately ousted from her matrimonial house on 20.04.2018.

It appears that a suit for restitution of conjugal rights was filed on 28.08.2018, which was decreed on 6th September, 2019. The complaint case was

instituted subsequent to the suit for restitution of conjugal rights filed by the petitioner.

The allegations appear to be general and omnibus in nature so far as the petitioner is concerned. It also appears that the complainant had instituted a

case under section 125 Cr.P.C. being Maintenance Case No. 12 of 2019, which was allowed in her favour and petitioner was directed to make

payment of Rs.6,000/- per month to the O.P No. 2 and Rs.2,000/- per month to the daughter of the O.P. No. 2. Submission has been advanced by the

learned counsel for the petitioner that on the date of the incident, the petitioner, who is a forest guard, was already on duty, for which the attendance

sheet has also been referred to.

On consideration of the entire gamut of allegations as well as the surrounding circumstances, as noted above, I am inclined to extend the privilege of

anticipatory bail to the petitioner.

The petitioner, named above, is accordingly directed to surrender in the court below within a period of four weeks from today 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 learned

Chief Judicial Magistrate, Ranchi in connection with Complaint Case No. 3949 of 2018, subject to the conditions as laid down under Section 438(2) of

the Code of Criminal Procedure.

This application stands allowed.