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2022 DIGILAW 219 (MP)

Rihana Khan. v. State of Madhya Pradesh

2022-02-08

G.S.AHLUWALIA

body2022
JUDGMENT G.S. ahluwalia, J. - The applicants have been arrested on 02.10.2021 in connection with Crime No.356/2021 registered at Police Station Madhoganj Distt.Gwalior for offence under Sections 498 (a), 304 (B), 34 of IPC. This application under Section 439 of Cr.P.C. has been filed for grant of bail for 15 days on the ground of marriage of the daughter of applicant no.1 Rihana/sister of applicant no. 2. It is submitted that the marriage of the daughter of applicant no. 1/sister of applicant no. 2 is fixed for 15th of February, 2022 and departure of bride will take place on 16th of February, 2022. The presence of the applicant and brother of the bride is essential. It is further submitted that it is clear from the impugned order dated 29.01.2022 passed by the Sixth additional District Judge, Gwalior in S.T. No. 702/2021, the factum of marriage of the daughter of applicant no.1 was duly verified. The trial is likely to take sufficiently long time and there is no possibility of their absconding or tampering with the prosecution case. Per contra, the application is vehemently opposed by the Counsel for the State. It is submitted that so far as the presence of the brother of the bride is concerned, his younger brother has already been released on bail. Further anybody can stand as a witness to Nikah and the presence of brother is not necessary. Similarly, the prayer for grant of temporary bail to the applicant no. 1 is also opposed. Heard the learned Counsel for the parties. According to the applicants, the marriage of the daughter of the applicant no. 1/sister of applicant no. 2 is fixed for 15th of February, 2022 and the departure of the bride would take place on 16th of February, 2022. Today, it is already 8th of February, 2022 and in the impugned order itself, it is mentioned that SHO, Police Station Madhoganj, Distt. Gwalior has submitted verification report pointing out that marriage of Ku. Nisha Khan alias Salina is fixed for 15th of February, 2022 with afsar Khan. Considering the fact that presence of the mother in the marriage of her daughter is essential, accordingly, the prayer for grant of temporary bail to the applicant no. 1 is allowed. So far as the prayer for grant of temporary bail to applicant no. 2 is concerned, the same is dismissed. Considering the fact that presence of the mother in the marriage of her daughter is essential, accordingly, the prayer for grant of temporary bail to the applicant no. 1 is allowed. So far as the prayer for grant of temporary bail to applicant no. 2 is concerned, the same is dismissed. Accordingly, it is directed that on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court and on furnishing an undertaking that applicant no. 1 Rihana Khan would positively surrender on 17th of February, 2022, then she be released on temporary bail. With aforesaid observations, the application is finally disposed of.