SHYAM SUNDER & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail application under Sec. 438 Cr.RC. has been filed on behalf of petitioners Shyam Sunder, Smt. Santosh and Jai Prakash against whom investigation for the offences under Sec. 406 and 498-A I.RC. is pending at Police Station Kotwali, Churu in F.I.R. No. 381/2001. The petitioners are father-in-law, mother-in-law and brother-in-law (Dewar) respectively of complainant Smt. Manju. It is alleged in the complaint that petitioner No.1 and 2 demanded a scooter, a colour T.V. and Rs.50,000./- cash from the complainant and her father for keeping her in their house as wife of Pradeep and they have not returned the 'Stridhan' of the complainant which was given to her at the time of her marriage despite demands after refusal to keep her with them.

(2.) Learned counsel for the petitioners has contended that this false story has been concocted and they have been falsely implicated in this case in order to humiliate, harass and spite them. According to him, no report or complaint to any public authority has been made during the long nine years although, it is alleged that soon after the marriage the demand of cash of Rs.30,000.00, a scooter and a colour T.V. was started to be made continually which by itself renders the story improbable and unbelievable. He has also submitted that as per the prosecution story, she was deserted since 1998 and still neither report has been lodged nor any application for maintenance or restitution of conjugal rights etc. has been filed by the complainant. He has also submitted that she is said to be living separately in the house of her in-laws in Churu and the 'Stridhan', if any, must be with her in that house because there is no allegation that the petitioners have taken way her 'Stridhan from that house. He has, therefore, urged that the petitioners may be released on bail.

(3.) Learned Public Prosecutor and the learned counsel for the complainant have both vehemently opposed this bail application and have submitted that from the statements recorded under Sec. 161 Cr.PC the prosecution story is supported and therefore the petitioners may not be released on bail.