SURYANARAYAN CHANDRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Apprehending arrest in connection with Crime No.259/2021 registered at Police Station- Chhal, District Raigarh (C.G.) for the offence punishable under Section 498 A and 34 of Indian Penal Code, the applicant has preferred this application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail.

(2.) As per the prosecution case, a report was lodged by the wife of the applicant that she was married in 2015, thereafter out of the wedlock a child was born in 2016 and they lived in different places and subsequently the husband came back from Delhi to the village and she was being subjected to torture and allegations have been attributed that she has brought less dowry in her marriage.

(3.) Learned counsel for the applicant would submit on the trivial issue, the incident has flared up. He would submit that when the husband and wife started living separately and the husband tried to get the custody of the child, the report has been made and no demand ever has been made by the husband or any cruelty has been meted out to the complainant, therefore, the applicant may be enlarged on anticipatory bail, as he has been falsely implicated.