MISS A Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') at the instance of a juvenile (aged 15 years 11 months 23 days at the time of commission of offence) for the alleged offence under Sections 498-A, 376, 326-A, 506(B) and 34 of IPC registered at crime No.264/2018 at Police Station Kumbhraj District Guna.

(2.) At the outset, learned counsel for the respondent/State raised the objection regarding maintainability of application for anticipatory bail under Section 438 of the Code at the instance of a Juvenile, therefore, before adverting to the merits of the case, question of maintainability of application at the instance of juvenile under Section 438 of the Code is decided.

(3.) As per the case of prosecution, prosecutrix is sister-in-law (Bhabhi) of present applicant because she is married to her brother Arbaz Khan. After marriage of the prosecutrix on 01-11-2017, when she and her parents did not satiate the dowry demand of family members of in-laws, then she was subjected to physical and mental abuse. On 22-05-2018 when she was sleeping, her brother-in-law Shahbaz Khan (Devar) knocked the door and after entering the room, raped her. Immediately thereafter, present applicant came to her and threatened her for life if she discloses this incident to anybody. Acid was also thrown over her. Therefore, report was lodged on which, FIR was registered, case was taken into investigation and application under Section 438 of the Code was preferred before the Sessions Court. Same was rejected. Therefore, this application has been preferred.