JUDGMENT
G.K. Sharma, J.
1. The petitioner was married to Mst. Basanti on 22nd Aug., 1981. After the marriage their relations became strained, resulting that Mst. Basanti left the petitioner on 15th December 1984 and went to her fathers’s house. Thereafter, the petitioner filed a divorce-petition on 18th Aug., 1987. The wife, Mst. Basanti was served with a notice and she submitted her reply on 5th Jan., 1988.
2. The learned Counsel for the petitioner argued that upto 1988, even in the reply filed by Mst. Basanti, she did not allege any act of cruelty against her husband, the petitioner; thereafter, on 29th May, 1989, Mst. Basanti submitted a private complaint Under Section 498A & 406, IPC against the petitioner. The delay in filing the complaint, according to the learned Counsel for the petitioner, is sufficient to release the petitioner on anticipatory bail. He, how ever stated that in compliance with the order of this Court, the petitioner has returned the ornaments and the other articles which were given to him at the time of his marriage with Mst, Basanti, and he has also deposited Rs. 4,700/-, in the court.
3. Thus, without expressing any opinion on the merits, in the facts and circumstances of the case, I am of the opinion that this is a fit case where the petitioner should be enlarged on anticipatory bail.
4. The bail-application is, therefore, allowed. The SHO/Arresting Officer/Investigating Officer, PS–Mandar, is directed that in the event of petitioner Bhikalal in FIR No. 23/89, lodged at that police station, he be released on anticipatory bail, on his furnishing a personal bond in the sum of Rs. 5,000/- together with one surety in the like amount, to his satisfaction on the following conditions:
(a) That the petitioner shall make himself available for interrogation by a Police Officer as and when required:
(b) That the petitioner shall not, directly, or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the court, or to any police officer; and
(c) That the petitioner shall not leave India without the previous, permission of the court.