Shiwan Kumar Dashoundhi @ Siwan Krumar Dasoundhi vs State Of Jharkhand

Learned counsel for the petitioner has submitted that though there are defect nos.3, 4, 5(d), (e) and 9(i) to 9(vi) in the bail application as pointed out by the stamp reporter but he has filed an undertaking that he shall remove the defects within 30 days after the physical court starts and prayed for hearing of the anticipatory bail application, as petitioner is apprehending his arrest during pandemic of Covid-19.

Considering the same, this Court is inclined to hear the anticipatory bail application on merits, but with condition that petitioner shall remove the defects within 30 days after the physical court starts. Joint Registrar (Judicial) is directed to ensure the compliance of this order after the physical court starts so as to remove the defects.

Heard, learned counsel for the petitioner, Mr. Rajesh Kr. Dubey, and learned counsel for the State, Mr. V.V. Pradhan.

Learned counsel for the petitioner has submitted that petitioner is apprehending his arrest in connection with Dhanbad Mahila P.S. Case No.15 of 2019, corresponding to C.N.R. No.JHDH01-009440-2019, for the offence registered under Sections 341, 323 and 498-A/34 IPC.

Learned counsel for the petitioner has submitted that the instant FIR has been lodged with an allegation that marriage was solemnized on 05.02.2002. Their marriage has been blessed with two children, namely, Chirag Dasoundhi (son), aged 14 years and Swati Kumari (daughter) aged about 13 years.

Learned counsel for the petitioner has submitted that it is alleged in the FIR that this petitioner has deserted his wife and has developed relationship with one Poonam Devi at the place of posting in the District of Latehar, as such, an omnibus allegation has been levelled against all the family members including the husband (petitioner) who is Constable in Jharkhand Police posted in the District of Latehar since April, 2012. Learned counsel for the petitioner has further submitted that wife has deserted her husband though children are living with the petitioner since October, 2016 and to that effect, petitioner has filed a suit for granting divorce before the learned Principal Judge, Family Court, Latehar on 21.01.2019 vide MTS No.4 of 2019.

Learned counsel for the petitioner has further submitted that he has no illicit relationship with any Poonam Devi or any other other girl and he wants to restore his conjugal life with his wife as the children are living with him. Learned counsel for the petitioner has further submitted that in the case of maintenance he is already paying Rs.6,000/- to his wife as such, this petitioner who is posted as Constable in a disciplined force having his Mobile No.7050840771, may be enlarged on anticipatory bail. Learned counsel for the State has opposed the prayer for bail and has submitted that it is a case of Police Constable of disciplined force who cannot take a plea of filing of divorce suit without any reasonable ground, as such, petitioner may not be enlarged on anticipatory bail. Upon this, learned counsel for the petitioner upon instruction has submitted that the petitioner is ready and willing to withdraw MTS No.4 of 2019 filed in the Court of learned Principal Judge, Family Court, Latehar for divorce against his wife within a period of 30 days from today so that the matrimonial life of the petitioner may be restored.

Considering such submission of learned counsel for the petitioner, this Court directs the Superintendent of Police, Latehar to examine the conduct of the petitioner and also submit a report before this Court on the following points :-

(i)whether the petitioner has any relationship with one Poonam Devi or any other lady in the District of Latehar?

(ii)Whether son and daughter of the petitioner are living with him at the place of posting in Latehar or not?

The Superintendent of Police, Dhanbad shall also examine and enquire whether the informant has left the company of petitioner in the year 2016, leaving behind her son and daughter with petitioner. The Superintendent of Police, Latehar and the Superintendent of Police, Dhanbad must submit the desired report within a period of three months. The Director General of Police, State of Jharkhand, Ranchi is directed to look into the matter as the matter relates to a member of disciplinary force. If the petitioner has some relationship with any lady in the district of Latehar, he shall be transferred from Latehar to such place where he cannot continue with such relationship and the Department should take all steps to restore the family life of a Police constable.

This Court is inclined to grant interim protection in favour of the petitioner as the learned counsel for the petitioner has submitted that he is ready to withdraw M.T.S. No.4 of 2019 filed before the Court of learned Principal Judge, Family Court, Latehar for divorce against the wife. Put up this case after three months along with aforesaid report and supplementary affidavit.

Till then, no coercive steps shall be taken against the petitioner (Shiwan Kumar Dashoundhi)/ not to arrest the petitioner in connection with Dhanbad Mahila P.S. Case No.15 of 2019, corresponding to C.N.R. No.JHDH01- 009440-2019 pending in the court of learned Judicial Magistrate 1 st Class, Dhanbad.

Office is directed to add/implead the informant as party- Opp. Party No.2 in this case.

Let notice be issued to the Opp. Party No.2 under both processes i.e. registered cover as well as ordinary process for which, requisites etc., must be filed within two weeks.

In the meantime, the petitioner shall pay a sum of Rs.10,000/- per month in the account of his wife by 7th day of each english calendar month apart from the maintenance amount awarded by the learned court and that shall start from the month of October, 2020.

Let a copy of this order be communicated through 'FAX' to the Director General of Police, State of Jharkhand, Ranchi and the Superintendent of Police, Latehar as well as the Superintendent of Police, Dhanbad at once.