Smt. Leela Bai Pawar And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC(A) No. 238 of 2016

1. Smt. Leela Bai Pawar W/o Kamal Singh Pawar Aged About 60 Years

2. Kamal Singh Pawar S/o Late Sawatram Pawar Aged About 65 Years Both are Residents Of Quarter No. 25/3, Radhikanagar, Supela, Bhilai, Tah. & District Durg Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through : S. H. O. P. S. Supela, Bhilai, District Durg Chhattisgarh ---- Respondent ________________________________________________________ For applicants - Smt. Meena Shastri, Advocate. For Respondent/State -Shri Anant Bajpai, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 15/03/2016 1.

This application under Section 438 of Cr.P.C. has been filed by the applicants apprehending their arrest in connection with Crime No. 126/2016 registered at Police Station Supela, Bhilai, District Durg (C.G.) for offence punishable under Sections 498-A, 34 of I.P.C. 2.

As per the prosecution case the complainant Minakshi Pawar was married to Naresh Pawar son of the applicants on 25/05/2015. After marriage she was subjected to torture by all the family members for demand of dowry and Rs.4 lakhs and motorcycle was demanded. It was further reported that on 13/11/2015 the complainant was assaulted by the husband whereby she had sustained fracture of her finger, thereby offence is committed. 3.

Learned counsel for the applicants submits that applicants have been falsely implicated in this case and they are mother-in-law and father-in-law and the husband Naresh Pawar has already been granted bail by the court below on 24/02/2016 and she relied on the order of trial court dated 24/02/2016 and submits that allegations against these applicants are similar in nature, therefore they may be granted benefit of anticipatory bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

I have perused the case diary, statement as also conciliation proceeding. Allegation against these applicants are general in nature whereas the husband has already been enlarged on bail. Taking into nature of allegation, I am inclined to extend benefit of anticipatory bail to the applicants.

6.

Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicants in connection with the aforesaid offence, they shall be released on bail by the officer arresting them on each of them executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicants shall also abide by the following conditions:- (i) that the applicants shall make themselves available for interrogation before the investigating officer as and when required; (ii) that the applicants 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 applicants shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) the applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri