YOGESH KUMAR SEN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This 1st anticipatory bail application under Sec. 438 of the Code of Criminal Procedure has been filed by the Applicant, who is apprehending his arrest in connection with Crime No.09/2023 registered at PS Mahila Thana, District Raipur (CG) for the offence punishable under Ss. 498-A and 377/34 IPC.

(2.) Prosecution case in brief is that the marriage of the present Applicant was solemnized with Complainant Ritu Shrivas Sen on 19/4/2022 and at engagement ceremony, the Applicant's family made a demand for a car and other household articles and Tata Tiago Car has also been purchased and given to them but the Applicant did not like the same and returned it with its documents within one month of the marriage. It is alleged that thereafter, the present Applicant and his family members started harassing the Complainant by beating her, the Complainant had given her jewelry to her mother-in-law and in the month of May, 2022, she had gone back to her maternal home with her mother and brother. It is further alleged that after reconciliation, she had come back to her in-law's house, thereafter, the present Applicant took her to Bangalore to live separately and there also he had ill-treated her. It is alleged that the Complainant started working in a Company-ICUBES WIRE at Bangalore and used to get exhausted with household and official work, in spite of which, the present Applicant never hired any maid and also used to do unnatural sex with her against her will and wish. It is also alleged that during teeja festival, when she came to her maternal home, then he threatened her not to continue their relationship and since then she is residing there itself and based upon these allegations, the aforesaid offence has been registered against the present Applicant.

(3.) Learned Senior Advocate for the Applicant submits that the Complainant/wife was not interested to live with her in-laws as there is no AC and etc. there for which, he purchased all such items and even then she never tried to adjust there and always insisted to live separately and when he told her that his parents are old and there is no except him to take care of them, then she threatened him to implicate all of them in a false case. She further submits that on 6/5/2022, without informing anyone, she left the house in the car and also taken all the jewelry with her, thereafter, some reconciliation took place after which, on 5/6/2022, she had gone with her husband on the condition that he would take her to the place where she was working in the Company and while residing there also, her nature did not change and used to fight with him for trivial issues, therefore, the present Applicant booked a flight ticket for her on her will and thereafter, she never returned back, he tried his level best to reconcile at society level also. She further submits that on 1/10/2022, the present Applicant gave an application before the Sen samaj, Durg for convening a meeting where, the Complainant along with her family members was present and did not show any interest in living with the present Applicant even after the members of the said Society have convinced her. She lastly submits that however, the present Applicant is willing to continue his relation with her even now also. She further submits that if the present Applicant has been arrested and sent to jail, then his family would suffer as he is the only earning member and the same will also frustrate the object of reconciliation to resolve the issue arose in their matrimonial life. She further submits that the Complainant has not returned the car which was received at the time of marriage, she herself has taken it to her matrimonial home, the present Applicant was given interim protection also which was never misused by him and considering all these aspects, the present Applicant may be granted anticipatory bail.