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1996 DIGILAW 633 (RAJ)

Soojaodeen S/o Kasamkhan v. State of Rajasthan

1996-06-17

M.A.A.KHAN

body1996
JUDGMENT 1. - Heard the learned counsel for the parties. 2. In this case two real sisters Smt. Jaitun Bano, the complainant/informant and Smt. Kismat Bano, were married to two real brothers, Sujaudeen, petitioner no. 1 and Kayamudeen, petitioner no. 2. It is alleged that Kismat Bano is living happily in the family but Jaitun Bano had to face certain difficulties on the unjustified demand tor dowry by her in laws. It was in this back ground that Jaitun Bano filed a complaint in the Court of Civil Judge (Jr. Div.) and Addl. CJM, Deedwana for offence Under Sections 406 and 498-A Indian Penal Code alleging therein that her husband and other in laws were harassing her for bringing insufficient dowry in the marriage. It was further stated that after having given a beating on 10.5.1996 she was turned out of the house and was thereafter living with her father. The learned counsel for the petitioners submitted that the father of the complainant had taken her with him while the complainant was pregnant and when her husband Sujaudeen had gone to take her back he was beaten whereupon he delivered a notice in writing on 28.4.1996 to the complainant and her father. It was further submitted that thereafter it was falsely alleged by the complainant and her father that J aitun Bano was turned out of her in laws house on 10.5.1996. In support of such contention, the learned counsel for the petitioners invited my attention to the copy of the affidavit of Smt. Kismat Bano who had stated on oath that her in laws had never treated the two sisters badly or with cruelty. The copy of the notice sent by petitioner no. 1 to the complainant and her father was also brought on the record of the case. 3. The learned Public Prosecutor opposed the application for the reasons stated in the complaint. 4. Looking to the facts and circumstances of the case and without expressing any opinion on the merits of the case of either of the parties, it is hereby directed that in the event of their arrest the petitioners shall be released on bail provided each of them furnishes a surety in the sum of Rs. 4. Looking to the facts and circumstances of the case and without expressing any opinion on the merits of the case of either of the parties, it is hereby directed that in the event of their arrest the petitioners shall be released on bail provided each of them furnishes a surety in the sum of Rs. 10,000/- with personal bond in the like amount and undertakes to observe the following conditions:- (i) that he/she shall make himself/herself available for interrogation by a Police Officer as and when required; (ii) that he/she 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 from disclosing such facts to the Court or any Police Officer; and (iii) that, he/she shall not leave India without the previous permission of the Court. Bail Granted. *******