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2006 DIGILAW 2 (CHH)

ABDUL HAMID SALAT v. STATE OF CHHATTISGARH

2006-01-03

SUNIL KUMAR SINHA

body2006
SUNIL KUMAR SINHA, J. ( 1 ) HEARD finally with the consent of the parties. ( 2 ) THIS is an application filed under Section 438 of the Code of Criminal procedure for grant of anticipatory bail to the applicants, who are apprehending their arrested in connection with crime No. 376/2005 registered at Police station- Kanker for the offence punishable under Sections 498-A/34 of the IPC and Sections 3, 4 of the Dowry Prohibition Act. ( 3 ) LEARNED counsel for the applicants submits that the applicants are father-in-law, mother-in-law, sister-in-law, brother-in-law and husband of the complainant. He also submits that though the complaint was lodged by the prosecutrix. but after lodging of the complaint, the parties had compromised and the wife is living with the husband. He also submits that if the applicants will be arrested, the compromise made between the parties shall be frustrated and the situation may become worse. The factum of compromise is not disputed by learned counsel for the complainant- Shri Sanjay k. Agrawal. An application for appropriate orders has also been filed by the learned counsel for the complainant and in para2, it has been mentioned that the husband and wife are now residing together. Learned counsel for the applicants prays for granting a protective order in the facts and circumstances of this case. ( 4 ) ON the other hand, learned counsel for the State opposes the bail application. ( 5 ) AFTER hearing learned counsel for the applicants as well as the State and also for the Objector, I am of the opinion that in the prevailing facts and circumstances, the present is a fit case to extend the benefit of Section 438 of the code of Criminal Procedure to the applicants. Their application is allowed. ( 6 ) IT is directed that in the event of arrest, the applicants shall be released on bail on each of them furnishing a personal bond in sum of Rs. 2,000/- with one surety each in the like amount to the satisfaction of the officer arresting them. ( 7 ) THIS order shall remain in force for a period of six weeks from today during which the applicants may apply for regular bail before the concerned court. ( 8 ) IN consequence, application for ad-interim bail vide M. Cr. P. No. 2908/2005 and I. A. No. 3312/2005 for urgent hearing stand disposed of. ( 7 ) THIS order shall remain in force for a period of six weeks from today during which the applicants may apply for regular bail before the concerned court. ( 8 ) IN consequence, application for ad-interim bail vide M. Cr. P. No. 2908/2005 and I. A. No. 3312/2005 for urgent hearing stand disposed of. Certified copy as per rules. Application disposed of. --- *** --- .