JAYESHBHAI BHAGVANJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Mitesh Amin, learned Public Prosecutor waives service of notice of Rule on behalf of respondent -State. Mr.Sudhir Nanavati, learned Senior Counsel assisted by Mrs.V.D.Nanavati waives service of notice of Rule on behalf of the complainant.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant - original accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR being C.R.No.I -31 of 2015 registered with Dhangadhra City Police Station, District -Surendranagar for the offences punishable under Sections 498(A) and 306 of the Indian Penal Code.

(3.) The brief facts of this case are that as per the complainant it is alleged that the incident in question was occurred on 20.03.2015 at 3.00 o'clock. Thereafter, the FIR came to be lodged on 25.03.2015 by one Sanjaybhai Savjibhai Motka, brother of the deceased -Ramilaben @ Rashmiben, wife the present applicant with Dhangadhra City Police Station at Surendranagar, wherein brother of the deceased stated that deceased had married with the applicant -accused before 14 years and out of the said wedlock one child, namely, Keyur @ Montu born, who is aged about 12 years and is studying in 6 th standard. It is further alleged that his sister i.e. deceased came to her parental house before 2 years. At that time, the deceased told to complainant's wife, namely, Bhavnaben that accused was frequently committing altercation with her and also alleged that remuneration of her husband is also doubtful and after that the deceased came back to her matrimonial house and further alleged that before one month, when deceased has gone to her parental house, at that time, the deceased told to complainant's wife that the applicant is having illicit relationship with some other lady and thereafter, the accused had committed abatement to his wife to commit suicide.