Prem Narayan Soni vs The State of Madhya Pradesh

Sushil Kumar Palo, J.—Both M.Cr.C. No. 4222/14 & 4373/14 are being decided as both applications arise from the same crime.

This first bail application filed by the applicant u/s 438 of Cr. P.C. for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime No. 162/14 has been registered at P.S. Kotwali, District Datia for the offences punishable u/s 498A/34 of IPC.

Prosecution story is that on 28/4/14 Smt. Priti w/o Abhishek aged 30 years lodged a report that on 19/11/11 that her marriage was solemnized with Abhishek according to Hindu Rites at Datia. Her father-in-law, mother-in-law, brothers-in-law, Premnarayan & Yogesh @ Ramji, sisters-in-law Rachna & Ruchi are alleged to have received Rs. 15 lacs from her father at the time of her marriage. They were residing at Rajghat colony, Datia for some time. When she stayed there with them she was treated badly by her in-laws. They demanded dowry for want of construction of first floor and asked her to bring money from her parents.

After construction of the first floor they demanded money from her father to purchase a house at Pune. She was ill-treated and harassed by her brothers-in-law, applicant Premnarayan, applicant Yogesh @ Ramji and Sister-in-law applicant Ruchi alongwith other accused persons. It is alleged that she was sent to kitchen for preparing tea and gas-knob was kept opened. They tried to shut the door. Somehow she managed to come out from the kitchen. Despite the efforts made for compromise between the parties by other persons they sold out the house in Oct., 2013 and she was sent to her parental house. Her in-laws left for Pune and kept her ornaments with them and she was not informed about this. The landlord informed her about the same she came to know that they left Datia. It is alleged that her husband is going to leave Datia India. The whereabout of the father-in-law and mother-in-law is not known.

On behalf of the applicant Premnarayan, it is submitted that he is innocent and when the husband of the complainant filed a petition for divorce under Hindu Marriage Act, the present FIR has been lodged. It is also submitted that the applicant is a Govt. servant and residing with his family at Datia. He is not likely to abscond.

Similar prayer is made on behalf of applicant Yogesh @ Ramji and Smt. Ruchi. They also apprehend their arrest and submit that they are residing separately at the village Hatta.

On behalf of the complainant the applications are opposed and it is submitted that complainant has been subjected to cruelty and harassment. The complainant has named the applicants in her FIR.

Keeping in view the nature of offence and circumstances prevailing in the case, I am not inclined to grant the benefit of anticipatory bail.

M.Cr.C. No. 4373/2014 and 4222/2014 are disallowed.

Copy be attached in M.Cr.C. No. 4373/2014.