LAWS(CHH)-2005-9-14

TAHAR SINGH PARIHAR Vs. STATE OF CHHATTISGARH

Decided On September 01, 2005
Tahar Singh Parihar Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) Heard on application under Section 438 of the Cr. P.C. which pertains to Crime No. 93/2005 of Police Station-Lormi, District-Bilaspur for the offences punishable under Sections 498A and 34 of the I.P.C.

(2.) Brief facts are that one Annapurna Singh of Aarang was married to the applicant No. 1 Tahar Singh Parihar on 22.6.2003. Applicant No. 3 Ku. Sarita Parihar and Applicant No. 4 Guljar Singh are the brother and sister and applicant No. 2 Mrs. Amola Singh Parihar is the mother of the applicant No. 1. It is alleged that the applicants ill-treated Annapurna Singh for not bringing sufficient dowry and committed several acts of cruelty towards him. Annapurna Singh returned to her parental home on 3rd April, 2005. Thereafter, a report levelling allegations under Section 498A and Section 34 of the I.P.C. against the applicants was lodged on 27.4.2005 in Police Station, Lormi and investigation is in progress.

(3.) Learned Counsel for the applicants has argued that Annapurna Singh wanted to live separately with her husband which was the main cause for the dispute. The applicants have been falsely implicated for an offence punishable under Sections 498A and Section 34 of the IPC. The applicant Nos. 3 and 4 are college going students. The applicants are ready to abide by any condition that may be imposed by this Court. On the other hand Mr. Rajput has opposed the bail application and has contended that the applicants were threatening Smt. Annapurna Singh for a compromise. He read over the statements recorded under Section 161 of the Cr.P.C. He has also referred to some letters written by Smt. Annapurna Singh to her parents.