Anticipatory bail can be granted when both parties express willingness to reconcile, provided the petitioner cooperates with the investigation.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

Heard the parties.

2. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Maheshpur (Raddipur O.P.) P.S. Case No. 14 of 2024 registered underSections 323, 498A, 504 , 34 of the Indian Penal Code .

3. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner being the husband of the informant -opposite party no. 2, treated the opposite party no. 2 with cruelty. It is next submitted that the allegations against the petitioner are all false and those allegations are general and omnibus in nature. It is jointly submitted by learned counsel for the petitioner and learned counsel for opposite party no. 2 that both the petitioner and the opposite party no. 2 are ready and willing to resume their conjugal life. It is also agreed to between the parties that both the petitioner and the opposite party no. 2 will go to the court below on 19.03.2025 and from there only, the petitioner will take the opposite party no. 2 to his house to resume conjugal life and will keep and maintain the opposite party no.2 with full dignity and honor as his lawful wife. It is next submitted that the petitioner is ready to co-operate with the Investigation of the case hence, the petitioner be given the privilege of anticipatory bail.

4. The learned Spl. PP and learned counsel for the opposite party no. 2 submits that they do not have any objection to the prayer for anticipatory bail of the petitioner as both the petitioner and the opposite party no. 2 are ready and willing to resume their conjugal life.

5. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned CJM, Pakur on 19.03.2025 and in case the petitioner appears and surrenders before the learned trial court on 19.03.2025, he will be enlarged on bail on taking the opposite party no. 2 by the petitioner to his house with an undertaking that the petitioner will keep and maintain the opposite party no. 2 with full honour and dignity as his lawful wife and on his furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Pakur in connection with Maheshpur (Raddipur O.P.) P.S. Case No. 14 of 2024 with the condition that the petitioner will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along with the other conditions laid down under section 482 (2) ofBNSS , 2023.

6. In case the opposite party no. 2 does not appear before learned CJM, Pakur on 19.03.2025, or refuses to resume the conjugal life with the petitioner, still the petitioner will be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Pakur in connection with Maheshpur (Raddipur O.P.) P.S. Case No. 14 of 2024 with the condition that the petitioner will resume conjugal life with the opposite party no. 2 as and when she joins him for resuming the conjugal life and he will keep and maintain the opposite party no. 2 with full honour and dignity as his lawful wife and he will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along with the other conditions laid down under section 482 (2) ofBNSS , 2023.