Manoj S/O Kishan vs State Of Rajasthan
2021 Latest Caselaw 5598 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No. 9032/2021

1.      Manoj S/o Kishan, R/o Near Haryana Public School Jhirka
        Firozpur, Police Station Jhirka Firozpur, Haryana.
2.      Shekhar S/o Kishan, R/o Near Haryana Public School
        Jhirka Firozpur, Police Station Jhirka Firozpur, Haryana.
3.      Mahadevi @ Chandrakala, R/o Near Haryana Public School
        Jhirka Firozpur, Police Station Jhirka Firozpur, Haryana.
4.      Usha W/o Shekhar, R/o Near Haryana Public School Jhirka
        Firozpur, Police Station Jhirka Firozpur, Haryana.
                                                                 ----Petitioners
                                   Versus
State Of Rajasthan, Through Public Prosecutor.
                                                                ----Respondent

For Petitioner(s) : Mr. Pratush Choudhary for Mr. Deepak Chauhan For Respondent(s) : Mr. Ramesh Choudhary, PP

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order

05/10/2021 The bail application has been filed under Section 438 CrPC.

in connection with FIR No. 154/2020 registered at Police Station

Jurhera, District Bharatpur for the offences under Sections 323,

341, 354, 498A & 406 of IPC whereupon the investigation was

commenced. Apprehending their arrest, the petitioners moved the

bail application before the court below, which was dismissed.

Hence, the bail application has been filed.

The accused-petitioners are husband, mother-in-law,

brother-in-law and sister-in-law of the complainant.

This is a case where the wife was being molested and was

suffering in the hands of the father-in-law while other family

(2 of 2) [CRLMB-9032/2021]

members who were living in the same house did not stop his

actions. It is a case further where the lady even complained to her

husband who remained silent. Even during her pregnancy she was

beaten up badly. The father-in-law was arrested and has been

released later on bail.

Learned counsel relies on the judgments passed by the

Supreme Court in case of Social Action Forum for Manav

Adhikar & Anr. Vs. Union of India & Ors. reported in (2018)

10 SCC 443, Rajesh Sharma & Ors. Vs. State of UP & Anr.

reported in (2018) 10 SCC 472, Arnesh Kumar Vs. State of

Bihar & Anr. reported in (2014) 8 SCC 273 as well as

judgment passed by Delhi High Court in case of Amiruddin Vs.

State reported in 2016 SCC Online 3202, to submit that the

FIRs registered under Sections 498A & 406 IPC are usually over-

implicated and statistics reveal that most of them are found to be

false.

Learned counsel for the petitioner submits that the I.O. was

changed in the present case and it is a case where the petitioners

are being harassed.

However, this Court finds that the petitioners have not only

harassed the lady-complainant but are all involved in committing

the alleged offences. Prima facie, I do not find any reason to grant

anticipatory bail to the petitioner.

The bail application is accordingly dismissed.

(SANJEEV PRAKASH SHARMA),J

NITIN /17

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