IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 4297 of 2010
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Somai Hansda ... ... Petitioner
V e r s u s
The State of Jharkhand & Another ... ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR.
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For the Petitioner : Mr. Abhay Kumar Mishra, Advocate.
For the O.P. No. 2 : Mr. Kripa Shankar Nanda, Advocate.
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03/07.04.2011
Anticipatory bail application filed by Somai Hansda, is moved by Sri
Abhay Kumar Mishra, learned counsel for the petitioner and opposed by Sri
Kripa Shankar Nanda, learned counsel for the opposite party no. 2.
At the outset, it is submitted by learned counsel for the petitioner
that petitioner is ready to keep opposite party no. 2 as his wife with all
respect, honour and dignity.
Learned counsel for the opposite party no. 2 submits that opposite
party no. 2 is also ready to reside with petitioner, if petitioner gives
undertaking that he will keep opposite party no. 2 with all respect, honour
and dignity.
In view of aforesaid submission of parties, I allow this application
and direct the petitioner to surrender in the court below positively on 20th
of April, 2011 and on that day opposite party no. 2 shall also remain
present in the court below. The learned court below is directed to enlarge
him on bail on his furnishing bail bond of Rs. 10,000/(Ten Thousand)
with two sureties of the like amount each to the satisfaction of Sub
Divisional Judicial Magistrate, Ghatshila, in connection with C/1 Case No.
113 of 2009, subject to the condition as laid down under section 438(2) of
the Cr.P.C.
Learned court below is also directed to send opposite party no. 2
with the petitioner after taking written undertaking that he will keep
opposite party no. 2 as his wife with all respect, honour and dignity and
will not torture her in future. If in future, opposite party no. 2 had any
complaint against the petitioner, she may file an application before the
court below and court below will make an inquiry on the said allegation
and pass order in accordance with law.
(Prashant Kumar, J.)
sunil/