MRIDU BAGADIA Vs. STATE

JUDGEMENT

(1.) This anticipatory bail application under Sec. 438 Cr.P.C. has been filed by the petitioners apprehending their arrest in connection with FIR No. 05/2022, Police Station Mahila Thana, district Bikaner for the offences under Ss. 498-A, 406 and 323 IPC.

(2.) Learned counsel for the petitioners submits that petitioners are father-in-law and mother-in-law of the complainant and no specific averment has been made in the complaint as well as in the statement under Sec. 161 Cr.P.C. It is argued that the complainant has alleged that she received injuries on her back whereas, no injury report was prepared at the relevant time. He further submits that specific allegation has been levelled against the husband and similarly situated co-accused i.e. sister-in-law of the complainant has already been granted bail by this Court. It is also argued that both the petitioners are in their old age and not keeping good health, therefore, the petitioners maybe enlarged on anticipatory bail. Learned counsel for the petitioners placed reliance on the order of Delhi High Court in the case of K. Surajit Kaur Chopra v. N.C.T. of Delhi, order of Andhra Pradesh High Court in case of Tammena Kaleen and Ors. v. State of A.P., order of Rajasthan High Court in case of Vinita Saini v. State of Raj., Anil prakash Goyal v. State of Raj., Kartar v. State of Raj, Kanta Devi v. State of Raj. and Rajesh Chander Bhardwaj v. N.C.T. of Delhi.

(3.) Per contra, learned Public Prosecutor and counsel for the complainant vehemently opposed the bail application and submits that in the FIR as well as statement recorded under Sec. 161 Cr.P.C., specific allegation has been levelled against the husband as well as present petitioners with regard to harassment and demand of dowry. It is argued that on 22/7/2021, the complainant agreed to reside at her matrimonial house on assurance that she will not be harassed in future. However, on the instigation of the petitioners, the husband started beating the complainant and turned her out of house. Further the dowry articles have also not been handed over to the complainant, therefore, the bail application may be rejected.