JUDGMENT 1. - Heard. 1. It is alleged that Smt. Archna and Shantnu, petitioner No. 2, were in love and though in the beginning their parents were not in favour of the inter-caste marriage between them, but ultimately they agreed for it and the marriage took place on 15.2.1997. The couple lived together for some time. Smt. Archna became pregnant. It is further alleged that the couple had started living separately from the parents of Shantnu-petitioner No. 2. Since the marriage was not successful and some dispute brought between the couple and it is in this back ground together that petitioner No. 1 Sudershan Kumar and other members of family began to harass Smt. Archana and her parent in connection with demand for dowry. On 28.8.1998 Smt. Archna lodged an F.I.R. against the petitioners and some others member of their family whereupon Crime No. 92/98 under section 498-A IPC was registered at Police Station Mahila (North), Jaipur. Therein the applicants apprehended their arrest and have, therefore, approached this Court for bail under Section 438 Cr.P.C. 2. It was submitted on behalf of the petitioner that it was a love marriage and since the parents on both sides had ultimately agreed for their relationship. There was no question of demand of dowry. It was further submitted that since the marriage could not prove successful, and in this context a divorce petition under Section 13 of the Hindu Marriage Act was filed on 27.7.98 and when the notice was served-upon Smt. Archna, she lodged present First Information Report as a counter blast to the petitioner's petition for divorce filed by the petitioner. It was submitted that whatever presents Smt. Archna might have received at the time of marriage they were sent to her at her parent's house in a Mini Truck, it was submitted that the petitioners were members of the legal profession. 3. On the other hand my attention was invited to the order dated 18.9.1998 made by me where in it, had been observed that since learned counsel for both the sides agreed for delivery of certain goods given by her parent to Smt. Archna the same may be returned in presence of Shri R.P. Vijay, Advocate by 5.10.1998. It was submitted that the petitioner did not honour their under taking made before this Court on 18.9.98 therefore, they deserve no sympathy from this Court. Shri R.P. Vijay, Adv.
It was submitted that the petitioner did not honour their under taking made before this Court on 18.9.98 therefore, they deserve no sympathy from this Court. Shri R.P. Vijay, Adv. has also submitted his report, wherein he was mentioned that 6 items as mentioned in the annexure attached to the F.I.R-. were delivered to the complainant and that no other articles was delivered to her. 4. It was submitted on behalf of the applicant that looking to the provision contained in Section 27 of the Hindu Marriage Act and Section 7 of the Family Court Acts, the complainants had appropriate legal remedies for getting her "ISTRI DHAN", if any, from the petitioner. 5. I have gone through the relevant materia placed before me. Looking to the facts and circumstances of the case it is directed that the applicants (1) Sudershan Kumar Son S/o Shri N.P Soni and (2) Shantnu S/o Sudershan Kumar, accused in FIR 92/98 registered at P.S. Mahila (North), Jaipur, in the event of their arrest, shall be released on bail on their furnishing two sureties, each, in the amount of Rs. 20,000/- with personal bonds in the amount of Rs. 40,000/- to the satisfaction of the - arresting them and shall observe the following conditions- (i) that the person(s) shall make himself/themselves available for interrogation by a police officer as and when required. (ii) that the person(s) 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 to any police officer, (iii) that the person(s) shall not leave India without the pervious permission of the court. 6. This order shall remain in force till the expiry of one month after the submission of the charge sheet, if any, against him/her/them during the meanwhile the applicant(s) may appear before the court concerned and pray for regular bail there.Bail Application Allowed. *******