INDER KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Anticipatory Bail Application has been filed by the jetitioner Inder Kumar apprehending his arrest in connection with F.I.R. No. 158/2014, Woman Police Station (West), Jodhpur for the offence under Sections 198-A, 406, 312,313, 377 and 2011.P.C.

(2.) Facts in brief are that the respondent No. 2 complainant Smt. Teena aged 12 years filed a complaint in the Court of Special A.C.J.M., PCPNDT Cases Jodhpur against the petitioner and his parents for the aforesaid offences on 9.9.2014. It was alleged in the complaint that the complainant knew the accused from before. The accused induced her to marry him. The complainant fell prey to the inducement given by the petitioner. Both of them performed on informal marriage ceremony at the Mahadev Temple, Kaylana in the presence of a priest. The priest made the petitioner and the complainant to exchange floral garlands and married them. The complainant made a query regarding the informal mode of marriage and the non-performance of Saptapadi on which the accused assured her that they would perform a proper marriage at a later date. The accused thereafter took the complainant to Udaipur for four days. The complainant informed her parents about her love marriage on which no legal action was taken by them. After coming back, the accused took the complainant to his house at Chopasni Housing Board, Jodhpur and thereupon accused Nos. 2 and 3 being the father-in-law and mother-in-law came to know of the marriage. They felt that the complainant's parents might oppose the marriage on which, initially they also do not support the marriage of the complainant with the accused. The accused Nos. 2 and 3 i.e. the parent of the accused started harassing the complainant saying that they were opposed to the inter-caste marriage and they would not permit the complainant to live in their house. She was told that marriage prospects of their daughter would be adversely effected in order to keep her presence a secret, the complainant was forced to live in a room located at the first floor of the house. She was not permitted to meet her parents. The complainant decided that she would take up a job in the Central Academy, Jodhpur but the accused denied her the permission to do so. Whenever she had to go out of house, she was made a leave from the backdoor so that the neighbours could not see her. The accused No. 1 i.e. the petitioner forced the complainant to procure a marriage certificate from the Municipal Board, Jodhpur by giving a false affidavit. The complainant was made to sign the documents without reading them. Thereafter, the accused hatched a conspires in order to have the marriage terminated. The accused Nos. 2 and 3 told the accuse No. 1 that their daughter had to be married and thus they should leave their house and go to live elsewhere. The petitioner-accused pressurised tin complainant and took her to live at Kudi Bhagtasni Housing Board. He used to assault the complainant under the influence of liquor. He also indulged in her character assassination and alleged that she was having relations with numerate boys. The accused Nos. 2 and 3 openly stated that the marriage would be had terminated and the petitioner accused No. 1 would be married with some other girl in order to get dowry. The complainant was told that she had enticed the petitioner into an intercaste marriage so that her parents could escape from giving dowry. The complainant was threatened not to even think of reporting matter to the police as the accused Nos. 1 and 2 were employed in the Rajasthan High Court and the police would not take any action against them. Th complainant became pregnant and got herself subjected to sonography. On this she came to know that she was carrying pregnancy of five weeks. The accuse: Nos. 2 and 3 also came to know of this fact. They came to the complainant's home on 9.5.2014 and instigated the accused No. 1 to get the complainant's pregnancy terminated. The complainant refused to accede to their demand. Of this the complainant was assaulted and was told that, if she was desirous of living in the matrimonial home she had to have the pregnancy terminated. Th accused petitioner knew that the complainant was pregnant and was ham trouble in establishing conjugal relations. Despite this he persistently forced the complainant to perform unnatural sexual intercourse. Whenever her in-laws i.e., the accused Nos. 2 and 3 visited her house, she used to complain about this conduct of the accused but they turned a deaf ear to her pleas. The petitions allegedly took the complainant to Sachdeva Hospital under the garb of getting her treated. There she was administered certain medicines due to which sh suffered miscarriage. She was admitted that the Kamla Nehru Hospital, Jodhpur The accused thereafter stopped attending to her. She informed her parents who came to the hospital and got the complainant treated. As soon as the complainant regained her health, the accused forcibly took her to his house.The complainant's parents took some sweets to the house of the accused or 17.9.2013 but they were abused. The accused refused to keep any terms with them. During the period of one year for which, the complainant stayed with the accused petitioner, he used to treat her with cruelty under the influence of liquor. She was not permitted to go to her parents' house and was kept locked in a room on the first floor. The accused Nos. 2 and 3 used to abuse the complainant and told that they would rest at peace only after having the marriage terminated. Foul language was used while addressing her. When the petitioner took her to stay at the House No. 8F-48, Kudi Bhagtasni Housing Board, she was not provided any household articles. She took up a job at the Central Academy and used to run the household with her salary. The petitioner did not give her money to spend on the day to day expenses.

(3.) On 27.8.2014 the accused Nos. 2 and 3 (father-in-law and mother-in-law) came to the complainant house at Kudi Bhagtasni and after conspiring with the accused No. 1, they took away her gold chain and ring. They hatched a plant entangle the complainant and her parents in a false case so that she could be prevented from taking legal action against the accused. The accused No. lie1 the materimonial home on 28.8.2014 and did not return thereafter. The Complainant searched for her husband at different places but could not locate s whereabouts on which she went to Police Station Kudi Bhagtasni for filing a missing person report. There she came to know that the accused petitioner had already filed a false case of dowry prohibition against her and her parents in order to save his skin. He created false evidence in order to file the said case. Whenever the complainant used to go to bathroom etc., taking advantage of her absence, the accused used to send message from her mobile to his mobile so that evidence could be created for filing the case. The complainant was living at her father's house since 28.7.2014. The accused was pressurising her to agree to divorced. Direct and indirect threats were given to the complainant so that she could be forced to divorce the petitioner. She was threatened that the accused had collected significant documentary evidence against the complainant and thus she would not be able to take any legal action against him. She also alleged that she came to know that the accused was married earlier too. He filed a false case of dowry harassment against his former wife. He created a blue film of the girl and forced her to agree to a divorce. The complainant thus alleged that the accused concealed the fact that he was married from before and was a divorce and thereby fraudulently induced the complainant to marry him and managed to have the marriage registered without performing Pheras. She was subjected to physical and mental cruelty. On 6.9.2014 the complainant demanded that her golden chain and a ring be returned back to her but the accused refused.