Jharkhand High Court
Gaurav Kumar Singh vs State Of Jharkhand & Anr on 29 June, 2012
Author: Jaya Roy
Bench: Jaya Roy
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1624 of 2012
Gaurav Kumar Singh ... ... ... Petitioner
Versus
1. The State of Jharkhand
2. Smt. Shashi Kala Devi ... ... ... Opposite Parties
CORAM : HON'BLE MRS. JUSTICE JAYA ROY
For the Petitioner : Dr. H. Waris, Advocate
For the State : A.P.P.
03/29.06.2012Heard counsel appearing for the petitioner and counsel appearing for the State.
Petitioner is apprehending his arrest in connection with the case registered under Section 498A of the Indian Penal Code and Sections 3/4/6(2) of the D.P. Act.
Counsel appearing for the petitioner has submitted that the petitioner is husband of daughter of the complainant. It is also submitted that the daughter of the complainant actually fled away with her brotherinlaw (Jeejajee) on 26/27 March, 2011 and for this the petitioner immediately filed complaint petition before Chief Judicial Magistrate, Bokaro i.e. Complaint Case No. 184 of 2011 on 02.04.2011. In the said case after investigation police has submitted chargesheet under Section 497 of the Indian Penal Code against Dharmveer Singh, who is brotherinlaw of the daughter of the complainant, wife of the present petitioner as allegation against him is that he has taken the daughter of the complainant from the house of the petitioner and he is in adultery with the said lady. To support his contentions, petitioner has filed complaint petition on the basis of which F.I.R. has been lodged under Section 156 of the Code of Criminal Procedure and also charge sheet as Annexure5, 5/1 & 6 It is also submitted that though the dispute was settled before the Panchayat for a number of times but the daughter of the complainant was not ready to reside with her husband and for this reason other coaccused namely Diwakar Singh, Poonam Devi @ Smt. Pammi Devi @ Lata Devi and Nandu Kumar Singh have been granted anticipatory bail by this Court in A.B.A. No. 3918 of 2011.
Counsel appearing for the State has opposed but not disputed the aforesaid contentions made by the counsel appearing for the petitioner.
Considering the submission made by both the parties and considering the contents of Annexure5, 5/1 & 6 and furthermore other coaccused have already been granted anticipatory bail by this Court, I direct the petitioner, above named, to surrender in the trial Court/Court below within a period of one month from the date of this order and if he surrenders, the trial Court/Court below will release him on bail on furnishing bail bond of Rs. 10,000/ (Rs. Ten thousand) with two sureties of like amount each to the satisfaction of Shri B.B. Singh, Judicial Magistrate, Jamshedpur in connection with C/1 Case No. 1439 of 2011 with the conditions that one of the bailors will be local resident having immovable property within the jurisdiction of the district concerned and subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Jaya Roy, J.) Anit