DHANARAM Vs. STATE OF CHATTISGARH

JUDGEMENT

(1.) Heard.Anticipating arrest in connection with Crime Number 10/2001 registered at Police Station Lalpur, for the offences punishable under Sections 363 and 366 of I.P.C. the present applicant has filed this petition under Section 438 Cr. P.C.

(2.) Learned counsel for the applicant relying on the decision of the Madhya Pradesh High Court in the case of Arun Kumar v. State of M.P., submits that Sukhiya alias Jalmantrin was adult and is legally married wife of the applicant. He has filed certificate of marriage from Satnami Samaj photograph and an affidavit purported to have been sworn by Sukhiya. He has also submitted that Sukhiya, who was aged more than 18 years married the accused/applicant of her own will.

(3.) Having considered the facts and circumstances of the case, material on record and the decision referred to above, the application is allowed. It is directed that in the event of arrest of applicant Dhanaram shall be immediately released on bail for a period of two months from the date of his release, on his furnishing a personal bond in a sum of Rs. 20,000.00 with one surety of the like amount to the satisfaction of the Police Officer arresting him for his appearance before the said Court on all the dates fixed.