Tripura High Court
Mr. S. Lodh vs Mr. R. Datta on 4 June, 2021
HIGH COURT OF TRIPURA
AGARTALA
A.B No. 29 of 2021
For Petitioner(s) : Mr. S. Lodh, Adv.
For Respondent(s) : Mr. R. Datta, P.P.
HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY
Order
04/06/2021
[1] This is an application filed under section 438 of the
Code of Criminal Procedure, 1973 (Cr.P.C hereunder) for granting pre
arrest bail to the petitioner in the event of his arrest in West Agartala
Women P.S case No. 2021WAW26 dated 21.03.2021 registered under
sections 498A, 323, 506 and 34 IPC.
[2] Heard Mr. S. Lodh, learned counsel appearing for the
petitioner as well as Mr. R. Datta, learned P.P representing the State
respondent.
[3] The factual background of the case is as under:
Petitioner is the husband of the complainant Smt. Dipali
Debnath who lodged a written FIR with the Officer in Charge of West
Agartala Women police station on 05.03.021 alleging, inter alia, that she
was married to the petitioner on 17.04.2019 in accordance with the
Sastric rites of Hindu Marriage. After marriage she accompanied her
husband to his place and lived together in happiness for about 3 (three)
months. Thereafter her petitioner husband started committing physical
and mental torture on her. In the course of time, she discovered that her
petitioner husband had maintained physical relationship with his sister in
law. When she raised voice against the conduct of her husband she was
beaten by him. At that time she was carrying 4 months pregnancy.
Having been tortured by her petitioner husband he left for her
matrimonial home where she delivered a daughter. Even the hospital bills
for her delivery were also paid by her parents. The petitioner refused to
pay any bill to the hospital. 2/3 months prior to filing FIR, the petitioner
met his complainant wife in his in laws' house and abused her with filthy
words and threatened her that he would kill her and her daughter.
[4] Based on her said FIR, the present case was registered.
[5] Anticipating arrest in this case the petitioner has
approached this court seeking pre arrest bail.
[6] It is submitted by Mr. Lodh, learned counsel that the
complainant has brought false allegations against her husband with a
view to harass him. It is submitted by learned counsel that she left her
husband voluntarily for which her husband also instituted a proceeding
under section 9 of the Hindu Marriage Act in the Family Court at
Agartala which was registered as TS (RCR) 2 of 2021 for restitution of
conjugal rights. The case was heard on merit and the learned Family
Court by judgment and order dated 05.04.2021 allowed the petition for
restitution of conjugal rights and directed the complainant wife to
resume her conjugal life with the petitioner. According to Mr. Lodh,
learned counsel the complainant wife of the petitioner lodged the FIR
on false and frivolous allegations with a view to harass her husband
and defend the proceeding in the Family Court. Learned counsel,
therefore, urges the court to consider these aspects and allow bail to
the accused.
[7] Heard Mr. R. Datta, learned P.P who submits that
allegations against the petitioner are serious and therefore he does not
deserve anticipatory bail.
[8] Considered the submissions made by learned counsel
representing the parties. Perused the case diary as well as the
materials placed before this court.
[9] In view of the nature of the dispute and the facts and
circumstances presented before this court, I am of the view that
custodial interrogation of the accused is not necessary in the given
case. Therefore, in the event of arrest the accused petitioner may go on
bail on his furnishing a bail bond of Rs.20,000/- with one surety of like
amount to the satisfaction of the investigating officer on the following
conditions:
(i) That he will appear before the investigating officer as
and when called for.
(ii) He will not leave the state without prior permission of
the investigating officer.
[10] In terms of the above, the bail petition stands
allowed and disposed of. Return the case diary to Mr. R. Datta, learned
P.P.
JUDGE
Rudradeep
