PRADIP DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE present application under Section 438 Cr. P. C. has been filed for granting of pre-arrest bail to the accused petitioner Sri Pradip Das, who apprehends arrest in connection with the Airport P. S. case No. 76 of 2006 registered under Section 498a/34 of the Indian Penal Code.

(2.) I have heard Mr. Somik Deb, learned counsel for the accused petitioner and Mr. R. C. Debnath, learned PP In-charge appearing for the respondent-state.

(3.) THE prosecution case, in short, is as under: smt. Jolly Das, wife of the accused petitioner, lodged a complaint to the Chief Judicial Magistrate, West Tripura, Agartala stating, inter alia, that her marriage was solemnized with the accused petitioner following all the ritual formalities of the Hindu Marriage Act on 7th day of Aghrayan, 1412 B. S. (23. 11. 2005 A. D.) and alleging that after marriage, from the night of Chathurthamangal held on 10th Aghrayan (26. 11. 2005) i. e. the 4th day after the marriage, her husband, the accused petitioner started sexual torture upon her brutally resulting her to feel tremendous physical and mental pain which he continued till she lodged complaint to the Chief Judicial Magistrate. She also alleged that she used to get frightened whenever her husband came to her room at night. She also stated in her complaint that during holidays, her husband, as and when he used to stay at home, on every night, he consumed alcohol with his friends and during such consumption, he used to insult her in presence of his friends and he also used to gossip indecently with other women over mobile phone till dead hours of night and in the event of her protest to the said activities of her husband, then her husband used to give her kicks and slaps. According to her, her husband also asked her to bring a sum of Rs. 2 lakhs from her parental house and when she disclosed that her father was unable to provide such a huge sum, the degree of physical and mental torture upon her was enhanced and on one night, her husband tried to kill her by putting a pillow on her face. She could somehow rescue herself and on the following morning, the matter being informed to her mother-in-law and brother-in-law, her second brother in law made lewd comments. When she told that she would inform the aforesaid acts to the family members of her house and the neighbours, the husband/accused petitioner along with his family members altogether assaulted her physically and told that even if she instituted a case, that would not be in use as because a police officer would not register a case against a police officer and even in the event of registration of a case, her husband/the accused petitioner knew as to how to manage a police officer. It may be noted here that the accused petitioner is a police Sub-Inspector and the elder sister in law of the complainant/wife is also a police employee as disclosed in the complaint. Ultimately, when she was not in a position to face physical and mental torture of her husband including his family members, then without getting any other alternative, she approached the Chief Judicial Magistrate, by filing the instant complaint which was registered as C. R. Case No. 2587 of 2006 on 22. 11. 2006.