Smt. Kripa Pandey And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 946 of 2015

1. Smt. Kripa Pandey W/o Raj Narayan Pandey Aged About 50 Years R/o Plot No. 3, Pole No. 1514 Kailash Nagar, P.S. - Bhilai, Civil & Revenue District Durg. Kurud Bhilai Distt. Durg Chhattisgarh

2. Raj Narayan Pandey S/o Late Dhruw Ji Pandey Aged About 65 Years R/o Plot No. 3 Pole No. 1514 Kailash Nagar, P.S. - Bhilai, Civil & Revenue Distt. Durg. Kurud Bhilai Distt. Durg Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through : Incharge Police Station Thana Jamul Bhilai Distt. Durg Chhattisgarh ---- Respondent For Applicant :

Shri Arvind Dubey, Advocate.

For State :

Shri Manish Nigam, Panel Lawyer.

Order On Board 28/09/2015 Heard.

1.

The applicants are apprehending their arrest in connection with Crime No.401/2015 registered at Police Station- Jamul Bhilai, District- Durg for alleged commission of offence under Section 498A, 294, 323, 34 of IPC and Section 4 of Dowry Prohibition Act. 2.

Case of the prosecution is that the applicants and other co-accused harassed the complainant in connection with demand of dowry. 3.

Learned counsel for the applicants submits that the applicants are father-in-law and mother-in-law and they have been falsely involved though according to the prosecutrix, the act of alleged physical violence is said to have been committed by the husband only. The allegations against the applicants are omnibus in nature. 4.

On the other hand, learned counsel for the State opposes prayer and submits that the complainant has not only made allegation against the husband but also against the applicants, who are in-laws that they also harassed and subjected her to cruelty in connection

with demand of dowry.

5.

Taking into consideration the nature of role alleged to have been played by the applicants and that they are not likely to abscond and interfere with the progress of investigation, the application is allowed.

6.

Accordingly, It is directed that in the event of arrest of the applicants in connection with the aforesaid offence, the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.20,000/- along with one local surety for the like amount to the satisfaction of the arresting officer and the applicants shall abide by all the following terms and conditions- (i) that they shall make themselves available for interrogation by a Police Officer as and when required;

(ii) that they 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 them 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) that they 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/- Manindra Mohan Shrivastava J U D G E Rekha