SANJAY KUMAR SHRIVASTAVA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties.

(2.) THIS is the second attempt of the petitioner for grant of anticipatory bail in connection with Sadar (Town) P.S. Case No. 372 of 1997, which has been registered under Sections 498A, 323 and 504, IPC and under Sections 3 and 4 of the Dowry Prohibition Act. From the FIR, it appears that the Informant, wife of the accused petitioner herein, alleged that her husband and her in -laws named in the FIR started torturing her due to non -fulfillment of their demand of dowry.

(3.) IT appears that after the prayer for anticipatory bail was refused by this Court to the petitioner, he alongwith other co -accused filed an application under Section 482, Cr PC before this Court for quashing the entire criminal prosecution mainly on the ground that the present petitioner i.e. the husband had already filed a divorce suit before the Civil Judge, Senior Division, Sonebhadra against his wife and the said divorce suit was decreed ex parte in favour of the husband even before lodging of the present FIR by the wife and, therefore, the present case was nothing but an outcome of mala fide action on the part of the wife with a view to harass -and humiliate the petitioner and other accused persons. This Court by order dated 26.3.2004 in Cr. M.P. No. 68 of 2002 dismissed the said application for quashing of the entire criminal prosecution, giving liberty to raise all the points at an appropriate stage including the stage of framing of charge.