IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3549 of 2010
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Sohan Prasad .... ...... Petitioner
Versus
1. The State of Jharkhand
2. Neetu Devi .... ... .... ... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR
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For the Petitioner : Mr. P.P.N. Roy, Advocate
For the O.P. No.2 : Mr. B.K. Mishra, Advocate
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3 /17.02.2011
Anticipatory bail application filed by petitioner, Sohan Prasad is moved
by Mr. P.P.N. Roy, counsel for the petitioner and opposed by Mr. B.K. Mishra,
counsel for opposite party no.2.
At the outset, Mr. P.P.N. Roy, learned counsel for the petitioner
submits that petitioner is ready to keep the complainant in his house with all respect
and dignity.
Sri B.K. Mishra appearing for the complainant has stated that his client
has no objection in residing with the petitioner, if he gives an undertaking that he will
keep her in his house with all respect, honour and dignity and he will not torture her
in future.
In view of the aforesaid facts and circumstance, I allow this
anticipatory bail application and direct the petitioner, above named, to surrender in
the court below by 3rd March 2011. On that day, complainant will also remain
physically present in the court below. If the petitioner surrenders by that time,
learned court below is directed to enlarge him on bail on furnishing bail bond of
Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Lohardaga in connection with
Complaint Case No.59 of 2010 arising out of Lohardaga (Mahila) P.S. Case No.15
of 2010 corresponding to G.R. No.192 of 2010, subject to the condition as laid down
under Section 438 (2) of the Cr.P.C.
The court below is further directed to send complainant along with
petitioner after taking a written undertaking from petitioner that he will keep the
complainant with all respect, honour and dignity and he will not torture her in future.
If the complainant has any grievance against the petitioner in future, she can file an
application before the court below and the court below will pass order in accordance
with law after making an enquiry.
(Prashant kumar, J)
R.K./