Supradip Das vs State Of Tripura

T. Amarnath Goud

This is a petition filed under Section 438 of the Code of Criminal Procedure, 1973, for grant of pre-arrest bail, of the accused person herein, in the event of arrest, in connection with the Birganj, P.S. Case No.2022/BRG/002, dated 13.01.2022, registered under Sections 376, 313, 506, 509, 323 & 34 of the Indian Penal Code.

Heard Mr. S. Lodh, learned counsel appearing for the petitioner herein as well as Mr. S. Debnath, learned Addl . P.P. appearing for the State-respondent.

Both the defacto-complainant, Mrs. Mohini Das, and Mr. Supradip Das, the petitioner herein are present before this Court today. They submitted that they got married on 21.04.2022 at Kamalasagar Kali Bari. In support of their representation, they have also filed a proof of receipt issued by the temple authorities and also the photographs.

Originally, the grievance of the defacto-complainant herein is that the complainant and the accused person both knew each other and the elders have arranged their marriage. In between them, they developed intimacy and were into relation. For some misunderstanding, the accused person herein declined to accept her for the wedding and he had broken the alliance. At that juncture, the defacto-complainant has invoked the legal recourse. In pursuance thereof, the defacto-complainant filed a complaint and FIR was registered against the accused husband, i.e. the petitioner herein and his father. The father of the accused petitioner was granted anticipatory bail by the Court below and the accused petitioner is before this Court by way of this anticipatory bail application.

On the last date of hearing, when the matter was listed, this Court examined both the complainant and the petitioner. At that juncture, both of them have consented that they would marry and lead and happy life and would forget the misunderstanding that has been created. To give an opportunity, this Court has adjourned the matter and this same was listed today. Both of them are present before this Court today and have filed their proof of wedding. The defacto-complainant submits that she wants to lead a happy married life with his husband and now she has no grievance and she would like to withdraw the complaint. She further submits that the contents of the complaint were not to the best of her knowledge since she was in a disturbed state of mind. She signed the complaint and the same was prepared by someone else.

In view of the said submissions, this Court is inclined to consider and interfere with the criminal proceeding. Accordingly, the instant anticipatory bail application is allowed and thus disposed of. The respondent police are restrained from taking any coercive action or arresting the petitioner herein.

The case dairy is returned back.