NARENDRA NATH TIWARI, J. - (1.) THE petitioner apprehending his arrest in connection with the case registered under Sections 498 -A, 323, 406 and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act has prayed for grant of anticipatory bail.
(2.) IT has been stated that the petitioner is the husband of the complainant. According to the petitioner, his marriage with the complainant was solemnized in January, 2006. After marriage, the petitioner took the complainant to Mumbai, where he is employed in Raymond Apparels Ltd. They remained there and till April, 2006 there was no complaint. Again they came back to Gamharia and there the complainant stayed for some time. Again in the month of November, 2006, the complainant was taken to Mumbai where they remained for several months and returned to Gamharia in May, 2007. The complainant lodged the complaint before the Chief Judicial Magistrate. Saraikela on 29th May, 2007. According to the petitioner, all the allegations made in the complaint are concocted, frivolous and baseless. The complainant was living with the petitioner in Mumbai, but in the complaint, she has deliberately implicated the petitioner's father, petitioner's mother, petitioner's brother, petitioner's brother -in -law, his sister. All the allegations are vague and unspecific. The actual intention of the complainant was not to live with the petitioner and to do MBA Course elsewhere, whereas the petitioner insisted her to study at Mumbai. The petitioner tried his best for conciliation and there were sittings of conciliation before the Conciliator in the premises of this Court as well as before one of the Hon'ble Judge of this Court, but the conciliation failed.
(3.) IN course of conciliation, both the parties agreed to live together and for that purpose, they were asked to live together for one month. In course of stay in Mumbai the complainant maliciously and deliberately lodged another compliant with the local police, alleging torture, though the complainant had already lodged a complaint in Saraikela and the conciliation was in progress. It has stated that the petitioner is always ready and willing to keep the complainant with due dignity, love and respect, but she does not want to live with the petitioner. She has also filed an affidavit before this Court that she does not want to resume conjugal life, as no useful purpose will be served. Learned counsellor the petitioner submitted that the said expression states a volume as to how the complainant has deliberately concocted a story to implicate the petitioner in the instant case with oblique motive. It has been submitted that if the petitioner is taken into custody, he shall lose his job and shall suffer irreparable loss and injury. Petitioner's father is a retired person, he and other members of the family are dependent on the petitioner's earning. They shall be put to untold hardship, if the petitioner is taken in custody and loss his employment. The petitioner is the permanent resident of Gamharia and there is no chance of his absconding; the petitioner undertakes to appear on all the dates as and when his appearance is required and he is ready to take the trial.;