PRAKASH KUNWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The above petitions pertain to the same FIR No. 204/96 Police Station, Hiranmagari, District-Udaipur under Section 438, Cr. P. C. Learned Sessions Judge, Udaipur rejected the bail petition under Section 438, Cr. P. C. of petitioners No. 1 to 4 of Petition No. 2066/96 on 21-8-1996 and bail of petitioners of Petition No. 2184/96 was rejected on 30-8-1996. Now the petitioners have approached this Court for anticipatory bail.

(2.) Brief facts necessary for the disposal of these petitions are that Smt. Sandhya daughter of Harisingh was married to Mahendra Singh son of Shri Nathusingh on 5-6-93 at Udaipur. Shri Harisingh lodged a report on 27-5-96 that after some days of the marriage of his(Sic) daughter, her husband Mahendra Singh, father-in-law Nathusingh, sisters-in-law Paras Kanwar, Prakash Kanwar, Kalyan Kanwar, Sushri Rajni and mother-in-law Janak Kanwar treated her with cruelty for the demand of dowry i.e. gold and cloths. Two sons-in-1aw of Nathusingh named Narainsingh and Nathusingh son of Kaludan abetted them to subject her to cruelty. Poison was also given to Sandhya on 23-9-95 and she was admitted to hospital. A case under Sections 406 and 498-A, IPC has been registered and it is under investigation.

(3.) Learned counsel for the petitioners has contended that a false report has been lodged against a11 the members of the family of Nathusingh. Mahendra Singh is having business in Madras and Smt. Sandhya went to Madras with him and lived at Madras. The other members of the family live at Borunda, Ajmer and Bhadras (Badmer). Narainsingh and Nathusingh son of Kaludan are sons-in-law of Nathusingh and living at Ajmer and Borunda. In fact Smt. Sandhya maltreated the petitioner and other members of the family in November 1994. She was taken to her father's house by Nathusingh. She came back in September 1995 to Madras with her uncle. Smt. Sandhya could not adjust with Mahendra Singh and tried to put him in trouble and herself took poison twice. The matter was reported to police on 23-9-95 by Mahendra Singh and he got her admitted in a hospital also. Sandhya gave the statement that she did not want to stay with Mahendra Singh when Nathusingh went to Madras she insulted him and also threatened to implicate all the members of the family in a false dowry case. Sandhya went to Udaipur with his father on 30-9-95 and never returned to the house of Mahendrasingh.