RAKESH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Anticipatory bail application filed by petitioner, Rakesh Kumar is moved by Sri Mahesh Tewari, counsel for the petitioner and opposed by Sri H.K. Shikarwar, Additional P.P and Sri Atanu Banerjee, counsel for the Opposite Party No.2.

(2.) This is a case under Section 498A of the Indian Penal Code and petitioner is husband of complainant. It is submitted that petitioner is working in the District of Nagpur (Maharashtra) and certain occurrence took place at that place, for which, a complaint has been filed at Dhanbad. It is submitted by Sri Atanu Banerjee that some of the occurrence took place at Dhanbad in the year 2003, 2004, 2005 and 2006. However, from perusal of complaint petition, I find that no explanation has been given as to why the complainant has not filed First Information Report or complaint petition after the aforesaid occurrences.

(3.) Considering the aforesaid facts and circumstances of the case, I direct the petitioner, above named, to surrender in the court below by 5th January 2011. 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, Dhanbad in connection with C.P. Case No. 1798 of 2009, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.