Varun Kumar vs. The State Of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4256 of 2017

------ Varun Kumar .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Kajal Gupta .... .... .... Opp. Parties

CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Mr. K.P. Deo, Advocate For the State : Addl. P.P. For the Opp. Party No.2 : Mr. R. Sahay, Advocate ------

03/07.09.2017 Apprehending his arrest the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Daily Market P.S. Case No.19 of 2016 (G.R. Case No.3301 of 2016) registered under Sections 498A/323/504/506 of the Indian Penal Code and under Section 3/4 of Dowry Prohibition Act, 1961.

Heard learned counsel appearing for the petitioner as well as learned Addl. P.P. for the State assisted by the learned counsel for the opposite party no.2.

Both, the petitioner and opposite party no.2, are present in the Court today.

The petitioner is ready and willing to resume conjugal life with the opposite party no.2 but the opposite party no.2, because of the past conduct of the petitioner, is not ready and willing to resume the conjugal life with the petitioner. The opposite party no.2 submits that the petitioner has taken a loan of about 40,00,000/- from India Bulls in which the opposite party no.2 is a co-applicant. The petitioner is ready and willing to absolve the opposite party no.2 from all the liabilities in respect of the said loan and obtain no dues certificate in respect of the opposite party no.2 from the said financer India Bulls in respect of the said loan. The opposite party no.2 will co-operate by signing the relevant document which the petitioner will send to opposite party no.2 in her email id i.e. [email protected] and co-operate with the petitioner for signing all the relevant document for issue of the no dues certificate in faovur of the opposite party no.2 The petitioner further submits that he is ready and willing to handover the key of the locker standing in the joint name of the opposite party no.2 with Karnataka Bank Hennur Branch in Bangalore to the opposite party no.2.

Learned counsel for the petitioner submits that the allegations against the petitioner are all false. He is ready and willing to resume his conjugal life with the opposite party no.2. Hence, the petitioner may be given the privilege of anticipatory bail.

Learned Addl. P.P. appearing on behalf of the State assisted by the learned counsel for the opposite party no.2 opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions of counsels and the aforesaid facts and circumstances of the case, I am inclined to grant privileges of anticipatory bail to the petitioner. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on producing no dues certificate in favour of the opposite party no.2 in respect of the loan from India Bulls where the opposite party no.2 is a co-applicant and also producing the key of the locker of the Karnataka Bank Hennur Branch in Bangalore to the opposite party no.2. and 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, Ranchi in connection with Daily Market P.S. Case No.19 of 2016 (G.R. Case No.3301 of 2016) subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

In case, the petitioner deposits the no dues certificate and the key of the bank locker, the court below shall issue notice to the opposite party no.2 Kajal Gupta and handover the same to the opposite party no.2 on proper identification.

Gunjan/- (Anil Kumar Choudhary, J.)