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1993 DIGILAW 423 (RAJ)

Pawan Kumar S/o Shri Mohan Lal Jain, v. State of Rajasthan

1993-08-04

RAJENDRA SAXENA

body1993
JUDGMENT 1. - Heard. 2. Perused the case diary. On the report of Smt. Indira Devi, Crime No. 148/93 has been registered at Police Station, Gadi for the of Tences under sections 498-A, 466 and 114 IPC against her husband Sudarshan and her in-laws Uma Shanker Jai Shanker, Ranjana Miss Harsha and the present petitioners, who are alleged to be the friends of her husband. The only allegation against the present petitioner is that they persuaded Sudarshan to re-marry There is no allegation against the present petitioners that they had criminally misappropriated any property entrusted to them belonging the complainant. Section 498A IPC clearly speaks that who ever being the husband or relatives of the husband of a woman, subject such woman to cruelty shall be punished with the imprisonment for a term, which may extend to three years and shall also liable to pay fine. Since the petitioners are admittedly the friends of the husband, offence under section 498 IPC is prima facie not made out against them. 3. Hence, keeping in view all the facts and circumstances of this case, I am of the considered opinion that it is a fit case wherein petitioners should be allowed anticipatory bail. 4. I accordingly allow this petition and order that in the event of their arrest in FIR Case No. 148/93, Police Station, Gadi, District-Banswara petitioners (1) Pawan Kumar, (2) Praveen & (3) Raja be released on bail provided each one of them executes his personal bond for a sum of Rs. 1000/- (Rs. one thousand) and furnishes one sound and substantial surety in the like amount to the satisfaction of the S.H.0,0.0./A.O. of the said police Station with the following conditions; - (a) that he shall make himself available for interrogation by a police officer as and when required; (b) that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case so as to dissuade him from disclosing such facts to the court or to any police officer. Bail granted. *******