PRASHANT KUMAR JHA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This application under Sec. 438 of the Code of Criminal Procedure has been filed by the accused/applicant for grant of anticipatory bail in connection with Crime No.8/2023 registered at Police Station Mahila Thana Bhilai, District Durg for the offence punishable under Ss. 498-A and 34 of IPC.

(2.) Case of the prosecution, in short, is that the marriage of the complainant was solemnized with the applicant on 13/12/2018. It is alleged that after 2 days of the marriage, the applicant and his family members i.e. father-in-law, mother-in-law and sister-in-law started harassing her for bringing less dowry. It is averred in the FIR that after 10 days of marriage, applicant/husband had gone to his working place at Austin in USA whereas the complainant/wife resided at her matrimonial house. After 4 months, she went with her husband to USA where the applicant again started harassing and torturing her physically and mentally and also demanded Rs.10.00 Lacs. Thereafter, the complainant got pregnant and returned to Raipur and gave birth to a child on 15/3/2020. During the said period also, the applicant's family members were harassing her. Thereafter, in the month of March, 2022, the complainant along with her child went to USA, where they lived peacefully for some days, however, again after sometime her husband started harassing her. Thereafter, the complainant informed her brother about the harassment made by the applicant. Her brother reported the matter to the Police of Austin, USA. In this regard, a counselling was also done between the parties by the police. Thereafter, the complainant returned to Raipur and started living with her family members and lodged a complaint about the harassment made by the applicant and his family members on 17/1/2023.

(3.) Learned senior counsel for the applicant submits that the applicant is innocent and has been roped in a false case. Learned senior counsel further submits that during the period of the stay at USA, the applicant provided all facilities and luxuries to the wife but she used to complain about his family members and every little thing. Further, the applicant is working as a Research Scientist and due to his professional work, sometimes he could not manage time for hanging out with his family. Further, during the period of stay at USA, the complainant's brother used to interfere in their family matters and also threatened him to implicate in a false case, as a result of which, the applicant got disturbed mentally. However, when the complainant gave birth to a child, the applicant could not come to India on account of Covid Pandemic however, he transferred money to the tune of Rs.7,62,334.00 in the complainant's account for proper care of her and the child. In this regard, the statement of transfer made by the applicant is also annexed with the petition. Learned senior counsel further submits that on 2/8/2022, the brother of the complainant approached the police of Austin, USA, in which, they found some family disturbance and therefore, couselling proceeding was also held and copy of the same is annexed with the application which supports the contention of the applicant. Thereafter, on 16/9/2022 the applicant wrote a letter to the District Superintendent of Police, Durg where he narrated all the incidents and also about threatening made by the complainant and her family members. Learned senior counsel submits that the other family members of the applicant have already been enlarged on anticipatory bail by Fourth Additional Sessions Judge, Durg on 23/1/2023 and the allegation levelled against them and the present applicant is of same nature. It is lastly submitted that the applicant belongs to a reputed family and working as a Research Scientist. Therefore, considering all these aspects, the applicant may be enlarged on anticipatory bail.