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Bombay High CourtABA/1318/2017anticipatory bail granted

Niraj Gopal Singh v. The State Of Maharashtra And ANR

2017-07-26Hon'Ble Shri Justice Prakash D. Naik2 pages

1 of 2 920.ABA.1318.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1318 OF 2017 Niraj Gopal Singh Applicant versus State of Maharashtra Respondent Mr.Anand Pande for Applicant.

Mr.V.V.Gangurde, APP, for State.

CORAM : PRAKASH D. NAIK, JJ.

DATE :

26th July 2017 PC :

1.

This is an application for transit anticipatory bail in connection with CR No.6 of 2014 registered with Palamu Sadar Police Station in the State of Jharkhand. The offences are registered under Sections 498-A, 323, 504 and 120-B of Indian Penal Code. The applicant is resident of Mumbai. The applicant had received telephonic call from the investigating officer attached to aforesaid police station and, therefore, the applicant is apprehending arrest in connection with above complaint.

2.

Learned counsel for applicant submitted that the applicant had filed a divorce petition in Family Court, at Bandra, Mumbai in the year 2012.

The complainant-wife had preferred a petition for conjugal rights in 2013. The complainant had also initiated proceedings under the provisions of Domestic Violence Act, 2005 in 2015 at Banaras. The complainant thereafter preferred a petition before Supreme Court seeking transfer of the proceedings initiated by the applicant as well as the complainant in Mumbai and the said proceedings are stayed by Supreme Court.

2 of 2 920.ABA.1318.2017 3.

Learned counsel for applicant further submits that the FIR has been registered in the remote area of Jharkhand and there are threats to his life and he needs some time to approach appropriate Court for seeking appropriate relief.

4.

Taking into consideration the fact that FIR has been registered under Section 498-A of IPC and there are several proceedings against the applicant and complainant and also considering the fact that FIR has been registered at Jharkhand, I am inclined to grant protection to the applicant for temporary period. Hence, I pass following order :

ORDER

(i) In the event of arrest of applicant in connection with FIR No.6 of 2014 registered with Palamu Sadar Police Station in the State of Jharkhand, the applicant be released on bail on furnishing PR bond in the sum of Rs.20,000/- with one or more sureties in the like amount;

(ii) This protection is granted for a period of ten weeks from today with a view to enable the applicant to approach competent Court for seeking appropriate relief;

(iii) The application is disposed of.

(PRAKASH D. NAIK, J.) MST