ROHTASH SHARMA Vs. STATE

JUDGEMENT

(1.) THE petitioners are father-in-law, mother-in-law, brother-in-law (Jeth- elder brother of the husband) and the husband, Sh. Hari Om, who seek anticipatory bail under Section 438 of Criminal Procedure Code in an FIR registered pursuant to the complaint filed by the daughter-in-law under section 498 A read with other provisions of law.

(2.) THE father-in-law is an aged person and a senior employee of the railways, serving as Shuntman; mother-in-law is a house wife allegedly not keeping good health and is alleged to remain hospitalized and is under continuous treatment; Jeth (elder brother of the husband) is serving in Sugar mills in Kinoni District and the husband is a soldier.

(3.) THE petitioners have contended that the marriage between the petitioner no. 4 and the complainant was love/choice marriage although arranged by family men socially. There is no issue from the marriage between the petitioner No. 4 and the respondent No. 2. Respondent No. 2 is stated to have diploma in cutting, tailoring and embroidery. It is alleged that after the marriage, the petitioner no. 4/husband could not keep the respondent No. 2 with him as he was not posted at family station and consequently he wanted to keep respondent no. 2 with his parents which was not acceptable to the respondent no. 2. The respondent no. 2 used to instigate the petitioner no. 4/ husband to live separately with her. The petitioner No. 4/husband had, therefore, got permission from the Army Officer and had taken the complainant/respondent no. 2 to Jodhpur. However, she is alleged to have misbehaved and abused him and in a fit of anger had taken some substance which was injurious to her health. An allegation of respondent no. 2/ wife thrashing the mother-in-law on 07. 03. 2005 has also been made.