MANISH AGGARWAL Vs. STATE

JUDGEMENT

(1.) This petition under Section 438 Cr.P.C. for anticipatory bail is moved on behalf of Manish Aggarwal, the husband of the complainant; Inder Sain Aggarwal, father-in-law of the complainant, Smt. Krishna Aggarwal, mother-in-law of the complainant and Ashish Aggarwal, a minor brother-in-law of the complainant aged about 15 years. The offences alleged are under Sections 498- A/406/341PC.

(2.) The undisputed facts, as have emerged from the contents of the petition, oral arguments and documents shown, appear to be that the petitioner No. I married the complainant on 20.5.94; that from 21.2.95 the complainant is staying with her parents; that the petitioner No. I filed a suit for divorce on 25.3.95 in which die respondent-complainant moved a petition for interim maintenance under Section 24 of the Hindu Marriage Act on 3.5.95 and that the FIR in question i.e. No. 182/95 was registered at the police station on 3.6.95.

(3.) The petitioners moved before the Sessions Judge for grant of anticipatory bail and on 6.6.95 the Additional Sessions Judge passed an interim order of no arrest till the next date i.e. 4.7.95. In the order there is a mention of the petitioners' Counsel; statement that the petitioners would return all the undisputed items and that they shall see the 1.0., SI Balbir Singh on 8.6.95 at 5 p.m. On 4.7.95 the learned Additional Sessions Judge adjourned the hearing to 2.8.95. In that order, it is observed that some articles have been returned while others are still to be recovered. Interim order was directed to continue till the next date. On 2.8.95 the anticipatory bail petition was dismissed. From this dismissal order it would appear that the application was opposed on the ground that articles worth Rs. 5 lacs were yet to be recovered and that another case under Section 307 Indian Penal Code had been admittedly registered against the petitioners. The defence of the petitioners in that case was that the complainant had herself attempted to commit suicide.