Jharkhand High Court
Mithilesh Thakur @ Mithilesh Kumar ... vs The State Of Jharkhand on 20 May, 2020
Equivalent citations: AIRONLINE 2020 JHA 178
Author: Shree Chandrashekhar
Bench: Shree Chandrashekhar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A. B. A. No. 489 of 2020
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Mithilesh Thakur @ Mithilesh Kumar Thakur, son of Prandhan Thakur, resident of Village-Nipaniya, PO-Sundmara, PS-Godda(T), District-Godda (Jharkhand) .... ...... Petitioner Versus
1. The State of Jharkhand
2. Anju Kumari, W/o Mithilesh Thakur @ Mithilesh Kumar Thakur, D/o Kamal Thakur, resident of Village-Nipania, PO-Sundmara, PS- Godda, Sub Division & District-Godda .... ...... Opp. Parties
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CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
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For the Petitioner : Mr. Shashi Kant Thakur, Adv.
For O.P. No.2 : Mr. Lalit Yadav, Adv.
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03/20.05.2020 Hearing of this anticipatory bail application has been
convened and conducted through Video-Conferencing.
2. The petitioner is apprehending his arrest in connection to Complaint Case No.638 of 2019 which has been instituted by his wife.
3. The wife of the petitioner who has been impleaded as O.P. No.2 is represented by Mr. Lalit Yadav, the learned counsel.
4. By an interim order dated 31.01.2020, a co-ordinate Bench of this Court has granted interim protection to the petitioner and by the order of the Hon'ble the Chief Justice this matter has been listed today for hearing before me.
5. Mr. Shashi Kant Thakur, the learned counsel for the petitioner submits that on frivolous and flimsy grounds without disclosing specific details of harassment and torture, O.P. No.2 has initiated a criminal proceeding against the petitioner to harass and humiliate him.
6. In Complaint Case No.638 of 2019, O.P. No.2 has alleged that just after her arrival in her matrimonial home the accused persons started pressurize her for additional dowry and thereafter she was subjected to physical and mental torture. She 2 has stated in paragraph no.6 that on 30.06.2017 the accused persons tried to murder her by setting her on fire and on 31.05.2019 a panchayati was convened lastly to arrive at a compromise between the parties, however, the accused persons have refused to keep her in her matrimonial home.
7. However, I find that there is no specific allegation made by the complainant against all the accused persons though married sister of the petitioner has also been roped in as an accused. In her statement on solemn affirmation she has stated that on 30.06.2017 she came back to her parent's place. She had stated that she was threatened to be killed by setting her on fire. But contrary to this, in the complaint petition she has stated that the accused persons had tried to kill her by setting her on fire. There is no averment in the complaint petition nor a statement of the complainant on solemn affirmation that before she lodged a case she had made complaint of her harassment and torture at the hands of the accused persons to any authority. At this stage, I am of the opinion that the petitioner deserves grant of anticipatory bail. There is another aspect of the matter which needs to be kept in mind and that is the order dated 31.01.2020 by which interim protection was granted to the petitioner by a co-ordinate Bench of this Court. There is no allegation of misuse of the order dated 31.01.2020 by the petitioner; his post-bail conduct.
8. Keeping in mind the aforesaid facts and circumstances in the case, order dated 31.01.2020 is made absolute on the following conditions:
(i) the petitioner shall not change his place of present residence without intimation to the investigating officer,
(ii) he shall provide proof of his present residence and Mobile Number to the investigating officer,
(iii) he shall observe the instructions/directives issued by the Central Government as well as the Government of Jharkhand for avoiding spread of COVID-19.3
9. A.B.A No. 489 of 2020 is allowed.
10. It is made clear that on violation of any of the conditions, the trial Judge shall be at liberty to proceed against the petitioner in accordance with law.
11. Let a copy of the order be transmitted to the Court concerned through FAX.
(Shree Chandrashekhar, J.) R.K.