- (1.) ANTICIPATORY bail application filed by petitioner, Manoranjan Jaiswal is moved by Sri Kaushik Sarkhel, counsel for the petitioner and opposed by Mr. Sanjay Kumar Sinha, counsel for the complainant.
(2.) IT appears that petitioner has filed a matrimonial suit under Section 10 of the Hindu Marriage Act on 31.03.2009 before District Judge, Darjeeling for judicial separation. Thereafter, complainant has filed First Information Report alleging atrocity against her in the month of April 2009. Police, after investigation, submitted final form in that case. IT appears that complainant has filed complaint on 18.02.2010 and on that basis cognizance taken. Since petitioner has filed matrimonial suit prior to First Information Report and/or complaint petition, I allow this anticipatory bail application and I direct the petitioner, above named, to surrender in the court below by 18th March 2011. If petitioner surrenders by that time, learned court below is directed to enlarge him on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1 st Class, Pakur in connection with P.C.R. Case No.21 of 2010, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.;