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Rajasthan High Court · body

1998 DIGILAW 1004 (RAJ)

Sagarmal v. State of Rajasthan

1998-09-09

B.J.SHETHNA

body1998
Honble SHETHNA, J.–First bail application was rejected the learned counsel had not pressed the same. In this second bail application learned counsel for the petitioner was heard fully. His submission was that the marriage took place before 10 years, therefore, no offence under Section 498-A is made out. It is also submitted that due to cross case filed against the brother of wife by the present accused, a false complaint under Section 498- A IPC is filed against the present accused. This court cannot consider this submission at this stage. It a matter of evidence which can only be considered and decided at the trial stage. Finding the prima facie case against the accused for the offence under Section 498 A, the learned Judge has refused bail. I also do not see any reason to grant anticipatory bail to the accused in such type of case where the accused has been charged for the offence under Section 498 A IPC. Hence this bail application is dismissed.