R.K. Bag, J. - (1.) The Court: The petitioner has prayed for cancellation of bail of the opposite parties no.2 to 12 under Section 439 (2) of the Code of Criminal Procedure, 1973 by challenging the order dated April 11, 2014 passed by the learned Sessions Judge, Purba Medinipur in connection with Criminal Misc. Case No.1173 of 2014 arising out of Mahishadal Police Station Case No.92 of 2014 dated 13th March, 2014 under Sections 341/323/308 of the Indian Penal Code and Section 3(1) (i) to (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter the S.C. & S.T. Act, 1989). The opposite parties no.2 to 12 have prayed for dismissal of the application filed by the petitioner by filing CRAN 2461 of 2014 under Section 482 of the Code of Criminal Procedure.
(2.) For proper appreciation of the prayers made by the parties, it is necessary to narrate, in brief, the backdrop of the case which is as follows:- The petitioner was married to the opposite party no.2 in the year 2002 under the Special Marriage Act. Within the period of 10 years, the bonhomie of marriage turned into acrimonial relationship and culminated into separation resulting in filing of several civil and criminal proceedings. The petitioner husband filed a proceeding under Section 9 of the Hindu Marriage Act against the opposite party no.2 (wife) which was registered as Mat Suit No.379 of 2011. Similarly, the opposite party no.2 started one maintenance proceeding against the petitioner husband under Section 125 of the Code of Criminal Procedure, which was registered as M-261 of 2012. It is alleged that the opposite party no.2 was compelled to reside in the house of her parents due to continuous torture inflicted on her by the petitioner husband and mother-in-law.
(3.) On January 15, 2014 there was a meeting of compromise between the parties in the village where the alleged incident took place. The petitioner husband filed a petition of complaint before the court of learned Chief Judicial Magistrate, Tamluk, praying for direction on the Officer-in-Charge of Mahishadal Police Station to take up the investigation by treating the said petition of complaint as FIR. Accordingly, Mahishadal Police Station Case No.92 of 2014 was started. The opposite parties no.2 to 12 prayed for anticipatory bail before the court of learned Sessions Judge, Purba Medinipur, by filing Criminal Misc. Case No.1173 of 2014. By order dated April 11, 2014 learned Sessions Judge, Purba Medinipur, granted anticipatory bail to the opposite parties after formation of opinion that no offence under the provisions of the S.C. & S.T. Act, 1989 is made out.;