MANISH KUMAR SONI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Applicant has filed this bail application under Sec. 438 of Cr.P.C. apprehending his arrest in connection with Crime No.94/2021 registered at Police Station - Jashpur, District -Jashpur, (CG), for the offence punishable under Ss. 494, 498 (A) of the Indian Penal Code.

(2.) Case of the prosecution, in brief, is that complainant lodged written complaint on 26/4/2021 mentioning therein that applicant was earlier married with Latta Samani and from her earlier marriage, he was also having a child. Further allegation is also made with regard to ill-treatment, harassment on account of demand of dowry of Rs.30.00 lacs and furniture. Complainant came back to her matrimonial home Jashpur where she delivered a child. After birth of child, neither applicant nor his family members came Jashpur to look after the child. It was further alleged that applicant has stated that it is complainant who wanted the child and therefore, it is her responsibility to look after him. Based upon report, FIR was registered against applicant and his family members.

(3.) Learned counsel for the applicant submits that allegations levelled against applicant is absolutely false and frivolous. Complainant could not able to adjust herself in her matrimonial house and left the matrimonial house with her brother. Applicant has filed petition under Sec. 39 of Cr.P.C before Court of Jurisdictional Magistrate, Jamshedpur intimating the conduct of complainant of leaving her matrimonial house. Applicant and his family members have tried level best to bring back the complainant to her matrimonial house, but they did not succeed. Applicant has filed an application under Sec. 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights. Said application was registered and notice was issued to complainant. Complainant made her appearance and submitted reply on 6/4/2021. In her reply, there is no mention that applicant has performed earlier marriage, prior to marriage with her. Allegation of earlier marriage of applicant is also false and baseless. Complainant herself has moved an application before Sakhi Stop Centre, Jashpur for their counselling. Her statement was recorded but there also no mention of allegation of earlier marriage of applicant. Offence under Sec. 494 of IPC is non cognizable, there is no specific allegation with regard to demand of dowry. Applicant is working as "Chartered Accountant" and there are chances of settlement of dispute between the parties. Other co-accused persons have been enlarged on anticipatory bail. Hence, applicant may be enlarged on anticipatory bail.