Prashant Kumar, J. - (1.) ANTICIPATORY bail application filed by Manish Kumar Sao, is moved by Sri Binod Kumar Jha, learned Counsel for the Petitioner and opposed by Sri Ramawatar Sharma, learned Counsel for the informant.
(2.) IT appears that Petitioner has filed an application for restitution of conjugal right on 11.06.2008, but when no result came, he again filed an application for divorce on 18.06.2009 in which notice has been issued to informant and who, after appearing in the said divorce suit, seek adjournment for filing written statement. It appears that after filing of divorce suit, the present F.I.R. lodged on 13.10.2009. In the F.I.R., it is alleged that lastly on 24.05.2009 atrocities attributed on informant, but no explanation given as to why there was delay of about five months in lodging F.I.R. Considering the aforesaid facts and circumstances, I allow this application and direct the Petitioner to surrender in the court below by 11th of April, 2011 and in the event of his surrender, the learned court below is directed to enlarge him on bail on his furnishing bail bond of Rs. 10,000/(Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Giridih, in connection with Jamua P.S. Case No. 191 of 2009 corresponding to G.R. No. 2187 of 2009, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.;