- (1.) Anticipatory bail application filed by petitioner, Mukesh Kumar Giri is moved by Sri Mohit Prakash learned counsel for the petitioner and opposed by Mrs. Nitu Sinha learned Additional P.P. and Sri Rajesh Kumar, learned counsel for the opposite party no. 2. It appears that most of the occurrence took place at Jamshedpur and present complaint petition has been filed at Hazaribag. It then appears that petitioner, who is husband of complainant, has filed divorce suit at Jamshedpur on 18.03.2009 and notice was issued in that case on 28.07.2009. But present complaint petition has been filed on 4.8.2009. It also appears that attempted conciliation between the parties has failed.
(2.) Considering the aforesaid facts and circumstance, I allow this application and direct the petitioner, above named, to surrender in the court below by 20th of January 2011. If petitioner surrenders by that time, the 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, 1st Class, Hazaribagh in connection with Complaint Case No. 1199 of 2009 corresponding to T.R. No. 1302 of 2010 subject to the condition laid down under Section 438 (2) of the Cr.P.C.;