RAKESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner seeks the concession of anticipatory bail in FIR No.86 dated 22.10.2016, under Sections 406, 498-A IPC, registered at Police Station Sadar Abohar, District Fazilka.

(2.) It is submitted that the petitioner has been falsely implicated in this case. All the allegations of ill-treatment or harassment meted out to the complainant are absolutely incorrect. Marriage in question was a simple affair. Moreover, it is wrongly mentioned that the complainant was turned out of the matrimonial home. She herself left the matrimonial home while leaving the minor child behind. The child is being looked after by the petitioner. Moreover, the petitioner is regularly paying the maintenance and in view of his undertaking before this Court on 112017, he has facilitated the meeting of the minor child with respondent no.2 on the 2nd and 4th Saturday of each month. Final report under Section 173 Cr.P.C., it is submitted has since been presented. The prosecution evidence is being led. The petitioner, it is submitted has joined investigation and undertakes to face the proceedings. The petitioner further undertakes to facilitate the meeting of the mother with the minor child as well as deposit the maintenance assessed without prejudice to his rights. The petitioner agrees and undertakes to facilitate the meeting of the minor child with respondent no.2 on 2nd and 4th Sunday (instead of Saturday) of each month at Nehru Park, Abohar or any other place which may be mutually agreed upon from 3.00 p.m. to 6.00.p.m. It is thus prayed that this petition be allowed.

(3.) Learned counsel for the complainant has opposed this petition but it is not denied that entire arrears of maintenance have been cleared by the petitioner and the same are being paid regularly. The petitioner, it is admitted has facilitated the meeting of the minor child with the complainant on second and fourth Saturday of each month and she wishes to meet the minor child on the 2nd and 4th Sunday of each month. Mediation between the parties has failed.