SANJAY KUMAR MANWANI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is an application filed under section 438 of Cr.P.C., 1973 for grant of anticipatory bail to the applicant as he is apprehending his arrest in connection with Crime No. 1/2018 registered at Police Station, Mahila Thana, Durg, for the offence punishable under Sections 498A/34 of IPC and section 4 of Dowry Prohibition Act.

(2.) Case of the prosecution is that on 9.2.2018 FIR was registered against the applicant and his family members under Sections 498A/34 of IPC and section 4 of Dowry Prohibition Act. Allegations against the applicant and his family members are that they used to harass the complainant in connection with demand of dowry and that the applicant had also taken some money from his father-in-law.

(3.) Counsel for the applicant submits that both the applicant and the complainant are homoeopathic doctor and theirs was a love marriage. It has been argued that since 1998 the applicant and his wife were living in courtship; on 23.1.2003 they got married; out of their wedlock they have a son and a daughter and both the applicant and his wife have roaring practice. As the complainant/wife was not happy with her in-laws, she and the applicant started living in Bhilai and were running their clinic there. In 2017 the parents of the complainant also started living with the applicant and there was some investment by father of the complainant, in which the applicant had helped his father-in-law. It has been argued that there was usual disputes between the couple but unfortunately, at the instance of her father, the complainant lodged a false report against the applicant and his family members. He further submits that in the counselling before the Mahila Thana, the applicant has expressed his desire to take the complainant with him, however, the complainant has refused to go with him. Relevant documents in support of this contention have been filed with this application.