NATH SHAW @ NATH SAW Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioners complainant and the learned APP appearing for the State.

(2.) The petitioners, who are accused for offence under Sections 498-A and 379 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, pray for anticipatory bail expressing apprehension of their arrest in connection with C.P. Case No. 418 of 2006.

(3.) Learned counsel appearing for the petitioners submits that though the petitioners, who are the father-in-law and mother-in- law, have been alleged to have subjected the complainant to torture on account of non-fulfillment of the demand of the dowry, but the entire allegation is false and as a matter of fact it would appear from the statement made by the complainant in her solemn affirmation that she is not ready to live with her husband and when the complainant left association of her husband, an application under Section 9 of the Hindu Marriage Act was filed by the husband for restitution of conjugal rights and the complainant having been appeared in the case expressed that she is not willing to live with her husband and, therefore, petitioners be admitted to anticipatory bail.