Bhanwar Lal vs State Of Rajasthan
2021 Latest Caselaw 6243 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 14920/2020

1. Bhanwar Lal S/o Kana, Aged About 35 Years, Newda Khurd, Kekri, District Ajmer.

2. Kana S/o Barda, Aged About 55 Years, Newda Khurd, Kekri, District Ajmer.

3. Smt. Prem Devi W/o Kana, Aged About 54 Years, Newda Khurd, Kekri, District Ajmer.

4. Pradhan S/o Kana, Aged About 25 Years, Newda Khurd, Kekri, District Ajmer.

----Petitioners Versus State Of Rajasthan, Through P.p.

                                                                  ----Respondent


For Petitioner(s)          :     None present
For Respondent(s)          :     Mr. Laxman Solanki, P.P.



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                           Judgment / Order

02/03/2021

Learned counsel for the petitioners could not be contacted

through VC on account of some technical problems.

Heard learned Public Prosecutor and also perused the

material on record.

The petitioners apprehend their arrest in connection with FIR

No.122/2020 of Police Station Kotri, District Bhilwara for the

offence punishable under Sections 498-A, 406, 354, 384 and 120-

B of IPC.

The FIR No. 122/2020, Police Station Kotri, District Bhilwara

has been lodged by the complainant while alleging that her

(2 of 3) [CRLMB-14920/2020]

marriage was solemnized with the petitioner No.1-Bhanwar Lal

around two years ago and in the said marriage, family members of

the complainant had given ornaments in dowry. It is alleged that

after sometime of the marriage, complainant's husband, father-in-

law, mother-in-law and brother-in-law had started harassing her

for dowry and constantly demanding the same. It is also alleged

that father-in-law and brother-in-law of the complainant tried to

outrage her modesty with the intention to develop illicit

relationship with her.

The police have conducted the investigation and recorded

statements of the complainant under Section 161 Cr.P.C. on

20.12.2020. In the said statements, the complainant has simply

alleged that her in-laws have started harassing her for dowry after

six months of her marriage, however, she has not levelled

allegation of outraging the modesty against her brother-in-law and

father-in-law. Later on, her statements have been recorded before

the Magistrate concerned under Section 164 Cr.P.C. and in those

statements, she has levelled allegation of harassing her for dowry

and also levelled allegation of outraging her modesty against

father-in-law and brother-in-law. The police in its investigation

have found that it is the fifth marriage of the complainant with the

petitioner No.1 -Bhanwarlal. The police have also recorded

statements of some of the independent witnesses, who have

specifically stated that at the time of marriage of the complainant

with the petitioner No.1-Bhanwar Lal, no dowry was demanded.

Till date, the police have found that the allegations levelled by the

complainant in the FIR as well as in her statements have not been

prima facie found to be proved.

(3 of 3) [CRLMB-14920/2020]

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the

case, I deem it just and proper to grant anticipatory bail to the

accused petitioners under Section 438 Cr.P.C.

Accordingly, this bail application under Section 438 Cr.P.C. is

allowed and it is directed that in the event of arrest of the

petitioners - Bhanwar Lal S/o Kana, Kana S/o Barda, Smt. Prem

Devi W/o Kana and Pradhan S/o Kana in FIR No.122/2020 of

Police Station Kotri, District Bhilwara they shall be enlarged on bail

provided each of them furnishes a personal bond in a sum of

Rs.50,000/- with two sound and solvent sureities of Rs.25,000/-

each to the satisfaction of the concerned I.O./S.H.O. on the

following conditions:-

(i) They shall make themselves available for interrogation by Investigating Officer as and when required;

(ii) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

(iii) They shall not leave India without the previous permission of

the Court.

(VIJAY BISHNOI),J

98-Taruna/-

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