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2015 DIGILAW 137 (CHH)

Ravendra Kumar Sahu v. State Of Chhattisgarh

2015-05-04

MANINDRA MOHAN SHRIVASTAVA

body2015
Order Manindra Mohan Shrivastava, J. 1. Heard. This application under Section 438 of Cr.P.C. has been filed by the applicants apprehending their arrest in connection with Crime No. 02/2015, registered in Police Station-Mahila Thana, Durg, for alleged commission of offence under Section 498-A/34 of the IPC and Section 4 of Dowry Prohibition Act. 2. Case of the prosecution, in brief, is that the applicants harassed and subjected the complainant Chandrika to cruelty in connection with demand of dowry and she was ultimately constrained to leave the matrimonial house. 3. Learned counsel for the applicants submits that though there existed certain disputes between the husband and the wife, the report has been lodged exaggerating the allegation. He also submits that there is no specific allegation of any physical violence nor is there any medical report. It is also submitted that there is still an option open for the parties to settle their dispute and attempts are being made and the husband is willing to keep his wife with him and resolve their dispute. 4. On the other hand, learned counsel for the State as well as counsel for the objector submits that according to the allegation made by the complainant, the applicants have tortured and subjected to her cruelty. Therefore, in these circumstances, they are not entitled for grant of anticipatory bail. 5. Taking into consideration the submissions made by learned counsel for the parties, considering that the report was lodged after complainant came to her parental house and failure of settlement proceedings and that there are no specific incident of violence nor any injury reported and above all, the submission on behalf of the applicants that they are still willing to resolve their dispute and bring the matter to an end, application is allowed. It is directed that in the event of arrest of the applicants in connection with the aforesaid offence, they shall be released on bail by the arresting officer on each of them furnishing a personal bond in the sum of Rs. It is directed that in the event of arrest of the applicants in connection with the aforesaid offence, they shall be released on bail by the arresting officer on each of them furnishing a personal bond in the sum of Rs. 20,000/- along with one local surety for the like amount to the satisfaction of the arresting officer with following further conditions that:- (i) the applicants shall make themselves available for interrogation by the police officer as and when required; (ii) the applicants 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;