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2019 DIGILAW 448 (RAJ)

Pradeep Kumar v. State of Rajasthan, Through PP

2019-02-06

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record. 2. The petitioner apprehends his arrest in connection with FIR No. 533/2018 of Police Station Nohar, District Hanumangarh for the offence punishable under Sections 498-A, 406 and 323 of IPC. 3. Learned counsel for the petitioner has submitted that marriage of the petitioner was solemnized with the sister of the complainant in the year 2014. It is submitted that petitioner is working as Patwari in the Revenue Department of Government of Rajasthan, whereas his wife Ramna is working as Constable in the Rajasthan Police. It is argued that allegations of demand of dowry, particularly a car from the in-laws are false. It is also submitted that earlier also sister of the complainant had lodged complaints against the petitioner regarding demand of dowry on two three occasions, however, on every occasion, the matter was resolved amicably. It is submitted that dispute between the petitioner and sister of the complainant is that the petitioner wants posting of his wife at the place where he is posted whereas his wife does not want to get her posting where the petitioner is posted. It is further submitted that petitioner had undergone kidney transplant in the month of December, 2017 and is not keeping good health. It is also submitted that pursuant to the direction given by this Court, petitioner joined the investigation and also surrendered stridhan which he received at the time of his marriage. 4. Learned Public Prosecutor has opposed the bail application. 5. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant anticipatory bail to the accused petitioner under Section 438 Cr.P.C. 6. Accordingly, this bail application under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of the petitioner Pradeep Kumar S/o Rohtash Kumar in FIR No. 533/2018 of Police Station Nohar, District Hanumangarh he shall be enlarged on bail provided he furnishes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureities of Rs. 50,000/- with two sound and solvent sureities of Rs. 25,000/- each to the satisfaction of the concerned I.O./S.H.O. on the following conditions:- (i) He shall make himself available for interrogation by Investigating Officer as and when required; (ii) He 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) He shall not leave India without the previous permission of the court.