BABU ALI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is an application Under Section 438, Cr. P. C. in connection with Crime No. 86/2002 for the offence punishable Under Sections 498a, 323, 506, I. P. C.

(2.) THE applicant No. 1 Babu Ali is the husband and applicant Nos. 2,3,4 are his relations. The applicant No. 1 was married before 10 years with the complainant-wife Najma. She has given birth to 4 children; 3 daughters and one son. Now after 10 years of the marriage a false allegation has been levelled by the complainant against the applicants regarding ill-treatment for demand of dowry. On the other hand the contention of the Panel Lawyer Mr. Palsikar is that the applicant No. 1 has contracted second marriage without giving divorce to his first wife-complainant Najma, In Mohammadan community, the husband can contract a second marriage and for the purpose, he is not required to give divorce to his first wife. It appears that the second marriage of applicant No. 1 is the cause of dispute between the applicant and the complainant-wife Najma. Be as it may, looking to the fact, and circumstances of the case, the application is allowed.

(3.) THE applicants in the event of their arrest are directed to be released on bail on their furnishing a bail-bond in the sum of Rs. 10,000/- each, with one solvent surety each in the like amount to the satisfaction of the police officer arresting them subject to the following conditions :