RAJA SARKAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner, learned counsel appearing for the informant and learned APP appearing for the State.

(2.) The petitioner, who is an accused for offence under Section 498-A of Indian Penal Code and Sections 3/4 of Dowry Prohibition Act, prays for anticipatory bail expressing apprehension of his arrest in connection with Lalpur P.S. Case No. 179 of 2007.

(3.) Learned counsel appearing for the petitioner submits that the petitioner, who happens to be the husband of the informant, as well as other accused persons including the mother-in-law, father-in-law and sister-in-law of the informant though have been alleged to have subjected the informant to torture on account of non-fulfillment of demand of dowry but the entire allegation is false and as a matter of fact, there was love marriage in between the informant and the petitioner which was even registered before the. Marriage Registrar and the informant was living happily In her matrimonial home but in course of time, when it was detected that the informant was having some kind of gynecological problem, the petitioner and even his family members got her treated at several places where they incurred huge expenses and in course of treatment, it was detected that right ovary and fallopian tube are absent and then relationship in between wife and husband got strained and when the petitioner did realize that the informant will not be bearing any child, he filed application for divorce on 20.7.2007 and on notice being served upon the informant, she did appear on 15.12.2007 and took adjournment but in the meantime, this case was lodged with all false allegations, as neither the petitioner nor his family members put forward any demand of dowry and, therefore, in the circumstances the instant prosecution can certainly be said to be malicious one.