JUGAL MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is apprehending his arrest in connection with the case registered under Sections 498A/323/341/379 of the Indian Penal Code and Section 3 / 4 of the D.P. Act, but however cognizance has been taken only under Section 498A of the I.P.C. It appears from perusal of the record that on 31.08.2016, stand of the parties were at variance, so there was no possibility of reconciliation. Today matter was heard on merits.

(2.) Learned counsel for the petitioner has submitted that prior to this case petitioner has already filed a divorce suit under Section 12(1)(C) of the Hindu Marriage Act i.e. Matrimonial Suit No. 132 of 2015 for declaring the marriage as nullity on the ground that on the date of marriage she was minor, although counsel for the O.P. No.2 has denied.

(3.) In the fact and circumstances of the case, the above named petitioner is directed to surrender in the Court below within three weeks from the date of this order and in the event of his arrest or surrender the Court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Latehar in connection with C.P. Case No.160 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C and on the other following conditions:-