Madhya Pradesh High Court
Brajesh Patel vs The State Of Madhya Pradesh on 30 June, 2014
M.Cr.C.No.9239/2014
30/06/2014
Shri Suyash Mohan Guru, learned counsel for the applicants.
Shri Ramesh Kushwaha, learned Panel Lawyer for the
respondent/State.
Case diary is available.
This is first application under Section 438 of Cr.P.C. filed by the applicants for grant of anticipatory bail, apprehending their arrest in connection with Crime No.341/2014, registered at Police Station Damoh Rural (DEhat), Distt. Damoh for the offence punishable under Section 498-A read with Section 34 of IPC and also under Section 3/ 4 of Dowry Prohibition Act.
Learned counsel for the applicants/accused submits that the applicants have been falsely implicated in this case as they have not committed any offence as alleged by the prosecution. Learned counsel further contends that a report dated 20/4/2014 (Annexure- A/2) was lodged by Brajesh Patel, husband of the complainant to Police Station Damoh Dehat to the effect that complainant had left matrimonial house along with her brother and two minor children on 19/4/2014. The matter was being inquired by the Police. In retaliation of the said report, the complainant has lodged a false report on the basis of fabricated facts after a month i.e. on 20/5/2014. On the aforesaid facts, he prayed for grant of anticipatory bail.
Learned Penal Lawyer opposing the submissions made on behalf of the applicants has prayed for rejection of the anticipatory bail application.
Marriage of the complainant-Smt. Neha Patel was solemnized with Brajesh Patel in April, 2009. As alleged by the prosecution, the complainant was harassed and oppressed by the applicants and other family members for demand of Rs.25,000/-.
Considering the submissions made on behalf of the applicants and the fact that the complainant herself had left the matrimonial house on 19/4/2014, this Court deems it fit to release the applicant on anticipatory bail, therefore, allowing the application, it is ordered that in the event of arrest by the Arresting Officer or by the Court, the applicants shall be released on bail on their furnishing a personal bond for a sum of Rs. 25,000/- (Rs. Twenty Five Thousand only) with one surety each in the like amount to the satisfaction of arresting officer.
The applicants are directed to join the investigation immediately and fully co-operate with the investigation. They shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
Certified copy as per rules.
(M.K. Mudgal) Judge ts