LAWS(JHAR)-2014-4-93

SHIV KUMAR NIRALA Vs. STATE OF JHARKHAND

Decided On April 11, 2014
Shiv Kumar Nirala Appellant
V/S
THE STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) PETITIONER is represented by learned counsel Mr. Nilesh Kumar, State is represented by Mr. Hardeo Pd. Singh, Additional Public Prosecutor and complainant is represented by Mr. Purnendu Saran. The petitioner seeks anticipatory bail apprehending his arrest in connection with Jugsalai (Bagbera) P.S. Case No. 376 of 2013, corresponding to G.R. No. 3351 of 2013, filed under Sections 498 -A/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act, pending in the Court of S. Sharma, learned Chief Judicial Magistrate, Jamshedpur.

(2.) THE prosecution case, in brief, as per the written complaint of the informant Smt. Anu Nirala is that her marriage was solemnized on 24.02.2013 with the accused -petitioner as per Hindu rites and rituals. Thereafter, her in -laws started demanding dowry since she stepped in her matrimonial house. They continuously used to threaten her by saying that she would be divorced, if she fails to fulfill their demand for dowry and moreover, on 11.09.2013 she was forced to leave her matrimonial house by the petitioner, who locked the gate after ousting her, to prevent her entry in the house. On the repeated request of the informant, the petitioner did not open the lock of the gate and the informant had to remain in open in rain for long period and lastly the informant informed her brother and father and thereafter informed the Bagbera Police Station, wherein this case has been registered.

(3.) THE learned counsel appearing for the petitioner submitted that the petitioner has field a divorce suit seeking dissolution of marriage in Matrimonial Suit No. 364 of 2013 and only after filing of the said divorce suit, the complainant has filed the complaint against the petitioner. It is further submitted that the petitioner is employed as Junior Engineer in TISCO in Jamshedpur and if the petitioner is arrested, the petitioner may lose his job and, therefore, learned counsel for the petitioner seeks for anticipatory bail.