REKHA PODDAR Vs. STATE AND ORS.

JUDGEMENT

(1.) This petition under Sec. 439(2) Cr.PC. seeks cancellation of bail granted to non-petitioner Nos. 2 and 3 by the learned Additional Chief Judicial Magistrate, Dantaramgarh in FIR No. 80/2004 PS Dantaramgarh, District Sikar.

(2.) The relevant facts necessary for the disposal of this petition are that a report came to be lodged by the petitioner against non-petitioners No. 2, 3 Ram Gopal and Deepak for offences under Sections 498-A and 406 IPC. Apprehending their arrest in connection with the said case, non-petitioners No. 2 and 3 moved an anticipatory bail application before the learned Sessions Judge, Sikar who dismissed the same on 6.8.2004 on the ground that recovery of the articles of dowry was yet to be effected. They were arrested on 4.10.2004 and produced before the aforesaid court on 5.10.2004 wit.) the request for judicial custody remand for non-petitioner No. 3 and Police custody remand for non-petitioner No. 2 as he had allegedly given an information that the dowry articles were lying in Bisau and Mumbai. The court refused the police custody remand of non-petitioner No. 2 and remanded him also to judicial custody along with non-petitioner No. 3. They applied for bail under Sec. 437 Cr.PC. which was granted by the court.

(3.) Aggrieved by the said order, the petitioner has approached this Court directly on the ground that the order dated 5.10.2004 granting bail to nor petitioners No. 2 and 3 is ex-facie illegal, arbitrary and against the settled principles of law. The learned Sessions judge had afforded an opportunity to non-petitioners No. 2 and 3 to return the dowry articles which they did not do. So the grant of bail to them without recovery of the dowry articles is abuse of We process of the court. Denial of reasonable opportunity to the police to recover the dowry articles will adversely affect the case. It is also alleged that the court below has not assigned any reason for refusal of the opportunity of recovery of the dowry articles.