NARENDRA PARIHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail application has been filed under Section 438 Cr.P.C. Brief facts of the case are that complainant Seems lodged an FIR bearing No. 78/14 to the effect that she got married with petitioner on 11.8.98. After 10-15 days, her husband started harassing her and demanding dowry. On 20.1.99, she was shunted out from the house. After a month, husband took her back to his house and on 13.2.2000, a son was born out of the wedlock. After sometime the behaviour of her husband remained normal, but it started deteriorating with the lapse of time upto 2014. On 19.5.14 and 22.5.14, husband, brother-in-law and other members came to the house of complainant and created nuisance. On that, this FIR was lodged.

(2.) Learned counsel for the petitioner has contended that marriage of complainant and petitioner took place before 16 years back approximately, petitioner is not an habitual offender, and he has been falsely implicated in this case. In support of his submission, he has placed reliance on the judgment of Hon'ble Apex Court in Criminal Appeal No. 1277/2014 (Special Leave Petition (Cr.) No. 9127/2013 - Arnesh Kumar v. State of Bihar and Anr. decided on 2.7.2014, whereby the Hon'ble Apex Court has issued the following directions:

(3.) Learned Public Prosecutor as also learned counsel for the complainant have opposed the bail application.