P. K. MISHRA, J. ( 1 ) A fairy-tale love story has turned a nightmare. The petitioner who is now a Lecturer in Ravenshaw College and the informant who Dash, Panda is a Lecturer in J. K. B. K. College were classmates. Though they belonged to different castes, love knew no barrier and ultimately they were married. They have three children two daughters aged about 16 and 14 and a son aged about10. The love story turned sour. Admittedly, two divorce cases are now pending, one filed by the informant-wife at Bhubaneswar and the other filed by the accused-husband at Cuttack. The children are now staying with the petitioner. The wife has lodged an F. I. R. in Chauliaganj Police Station which has been registered under Sees 498a, 323, 379, 341, Indian Penal Code. How the investigation is being done by the H. R. P. C. ( 2 ) IN the aforesaid background, apprehending arrest, the husband has filed this application under Sec. 438 of the Code of Criminal Procedure for grant of anticipatory bail. The informant has entered appearance through Advocate and filed an affidavit opposing bail. The eldest daughter, aged about 16 years, has also filed an affidavit pleading on behalf of her father, the petitioner. ( 3 ) THE allegations and counter allegations are murky in nature. According to the Informant, the accused-husband is a drunkard and a debauchee. According to the accused, the wife is a schizophrenic. It is apparent that before initiation of this criminal proceeding, several other criminal proceedings have been started at the instance of the wife. ( 4 ) I have desisted from trying to find out about the truth. The three minor children are admittedly staying with the petitioner. All of them are school-going children and the two daughters are mere been-agers. Keeping in view the affidavit filed on behalf of the eldest daughter as veil as the correspondence made by her and the statements of the children as effected in the case diary, I deem it to be a fit case where protection under Sec. 438 of the Code of Criminal Procedure should be made available to the petitioner. Accordingly, it is directed that the petitioner, in the event of his arrest in connection with Chauliaganj Police Station Case No. 48 of 1995, may be released on bail of Rs.
Accordingly, it is directed that the petitioner, in the event of his arrest in connection with Chauliaganj Police Station Case No. 48 of 1995, may be released on bail of Rs. 5,000/- with one surety for the like amount to the satisfaction of the arresting officer. Needless to say that the petitioner shall not indulge in any unlawful activity and should not try to harass the informant in any manner. He should make himself available for interrogation and should co-operate in the investigation and should not try to tamper with the prosecution evidence in any manner. ( 5 ) THE Criminal Misc. Case is accordingly disposed of. Petition allowed.