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Patna High Court - Orders

Sheochandra Saw vs State Of Bihar on 8 April, 2009

Author: Kishore K. Mandal

Bench: Kishore K. Mandal

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Cr.Misc. No.39038 of 2008
                                 SHEOCHANDRA SAW
                                          Versus
                              1.    STATE OF BIHAR
                              2.    MAMTA DEVI
                                        -----------
6   08.04.2009

Heard counsel for the petitioner and counsel for the complainant (opposite party no. 2).

Petitioner, husband of the complainant (opposite party no. 2), has approached this Court for grant of anticipatory bail in a complaint case instituted under diverse sections of Indian Penal Code including section 498A of Indian Penal Code.

It has been submitted on behalf of the petitioner that the allegations levelled against him are omnibus and that there is delay in lodging the complaint. Counsel for the petitioner submits that prior to the present case, the complainant had lodged an F.I.R. (Annexure-2) relating to an occurrence which had taken place on 24.10.2007 in which she made an allegation against one Mukesh Kumar (co-villager) that in absence of male members in the family, he committed rape on her. Referring to Annexure-3, it has been stated that this complainant (opposite party no. 2) lodged a protest in the said criminal case. In paragraph no 4 of the said protest, she has categorically stated that on account of commission of forcible sexual inter-course on her, she suffered abortion. Referring to Annexure-4, it has been submitted that ultimately the complainant filed a compromise in the said police case. It has been asserted that since then she is living with aforesaid Mukesh Kumar.

By filing a supplementary affidavit, it has been contended that in a case instituted by the present petitioner under section 9 of the Hindu Marriage Act for restitution of conjugal rights, the complainant (opposite party no. 2) has appeared and filed a show cause. Paragraph no. 12 of the said show cause states as under:

"12: ;g fd oknh çfroknh ds lkFk nkEiR; thou O;rhr djus esa a d gSA"

vleFkZ gS]a D;ksafd oknh uiql In the circumstances, this Court is inclined to admit the petitioner to anticipatory bail. In the event of arrest or surrender in the Court below within a period of four weeks, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Jamui in connection with Complaint Case no. 1540C/2007.

( Kishore K. Mandal, J. ) pkj