Ranjeet Singh v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C.(A) No. 628 /2016 Ranjeet Singh, S/o. Vikram Singh, Aged About 27 Years, R/o. Village & Post - Bilesari, P.S. Hathuniya, Tahsil & Distt. Pratapgarh (Rajsthan). ---- Applicant

Versus

State Of Chhattisgarh, Through Station House Officer, Police Station - Mahila Thana, Raipur, Distt. Raipur, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Smt. Indira Tripathi, Advocate.

For Respondent :

Shri Lav Sharma, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 04/08/2016 1.

Apprehending arrest in connection with Crime No.37/2015 registered at Police Station- Mahila Thana, Raipur, Distt. Raipur (C.G.) for the offence punishable under Section 498-A, 506, 34 of Indian Penal Code, the applicant has preferred this application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail.

2.

As per the prosecution case, the complainant was married to the present applicant on 24.11.2008 and thereafter, she joined her matrimonial house at village Bilesari, Rajasthan. Subsequently, in the year 2012, she came back to Raipur and the husband also started living together. Thereafter, the husband went back to Rajasthan and the report was made by the complainant that after the date of marriage on 24.11.2008, she was subjected to cruelty for demand of dowry.

3.

Learned counsel for the applicant would submit that the marriage was took place in the year 2008 and the complainant initially residing at Rajasthan and thereafter she came back to Raipur and subsequently the husband also joined her at Raipur and thereafter

when the husband went back to Rajasthan, the report has been made. She further submits that an application under Section 9 of the Hindu Marriage Act for restitution of conjugal right has been filed by the husband and thereafter when the order was passed, the report has been made to avoid such decree, therefore, the applicant may be enlarged on anticipatory bail. 4.

Per contra, learned State counsel opposes the prayer for grant of anticipatory bail.

5.

Perused the case diary and the documents. Considering the fact that the applicant has filed an application under Section 9 of Hindu Marriage Act for restitution of conjugal right and thereafter when the order was passed, the report has been made, I am inclined to release the applicant on anticipatory bail.

6.

Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the officer arresting him on furnishing a personal bond to a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions :

(i) that the applicant shall make himself available for interrogation before the investigating officer as and when required; (ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; (iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and

(iv) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Ashok