SANTOSH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS miscellaneous petition under Section 439 (2) Cr. P. C. for cancellation of the bail is directed against the order dated March 9, 1992, passed by the Sessions Judge, Bikaner, by which the learned Sessions Judge granted anticipatory bail to accused-respondent Nathu Ram.

(2.) SMT. Santosh, on February 8,1992, filed a complaint against accused-respondent Nathu Ram in the Court of the Munsif and Judicial Magistrate, First Class, Bikaner. It was averred in the complaint that she was married to Nathu Ram on January 14, 1992, in Bikaner and out of the wed lock one daughter was born from to loin of accused-respondent Nathu Ram, who is aged about seven years. Her father gave sufficient dowry the details of which has been given in the complaint. Her in-laws members turned her out from the house on the pretext that she had not brought sufficient amount in dowry. The panchayat was held, but the accused refused to return the articles given to her by her parents as dowry. The accused, also, refused to take the petitioner back to their house. Apprehending his arrest, the accused Nathu Ram moved a bail application under Section 438 Cr. P. C. before learned Sessions Judge, Bikaner, who, by his order dated March 9, 1992, allowed the bail application under Section 438 Cr. P. C, filed by the accused-respondent Nathu Ram. It is against this order that the present application for can:eilation of bail, granted to the accused-respondent Nathu Singh, has been filed by the petitioner.