Himanshu Arya v. State (NCT of Delhi)

1. The present petition has been filed by the petitioner under Section 438 Cr. PC praying inter alia for grant of anticipatory bail in case FIR No. 91/2013 lodged under Sections 406/498A/34 IPC at Police Station: North Rohini.

2. Counsel for the petitioner states that the FIR has been registered on the complaint of his wife and the dispute is largely matrimonial in nature. He further states that during the pendency of the investigation, the parties have been able to arrive at ah out of court amicable settlement in terms whereof, the petitioner and the complainant have agreed to dissolve the marriage and they shall be taking appropriate steps for approaching the Family Court for seeking divorce by mutual consent. BAIL APPLN. 929/2013 2013:DHC:8193

3. Learned APP states on instructions from the Investigating Officer that the complainant has confirmed to the Investigating Officer that she has arrived at a settlement with petitioner and the parties shall be seeking divorce by mutual consent.

4. In view of the aforesaid submission, the present petition is allowed. It is directed that in the event of arrest, the petitioner shall be released on bail on his furnishing a personal bond in the sum of <30,000/- with one surety of the like amount to the satisfaction of the arresting officer/10 and subject to the following conditions:-

(i) The petitioner shall fully co-operate with the investigation and present himself for interrogation by the 10 as and when required and will not create any hindrance or imped·iment during the course of the investigation.

(ii) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person so as to dissuade them from disclosing material facts to the Court or to any police officer.

5. The petition is disposed of. DASTI.

SEPTEMBER 27, 2013 rkb BAIL APPLN. 929/2013 HIMA KOHLI, J