High Court dismissed a petition for anticipatory bail filed by Hariram in an FIR alleging offences under Sections 498-A and 494 IPC. The court held that allegations of bigamy and dowry demand made the case serious enough to deny bail.
Anticipatory bail under Section 438 CrPC was denied and the petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 13187/2018
Hariram S/o Prabhu B/c Gadia Luhar, Aged About 30 Years, R/o Village Talvas, Police Station Daie, Distt. Bundi (Raj.)
----Petitioner
Versus
State Of Rajasthan Through Pp, Raj.
----Respondent For Petitioner(s) : Shri Tarun Jain For Respondent(s) : Shri R.R. Gurjar, PP For Complainant : Shri Girish Khandelwal
HON'BLE MRS. JUSTICE SABINA
Judgment / Order
04/12/2018
Petitioner has filed this petition under Section 438 Code of Criminal Procedure, 1973 seeking anticipatory bail in F.I.R. No. 77/2018 registered at Police Station Mahila Thana, District Sawai Madhopur for offence under Section 498-A, 406, 323, 494 Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted that the petitioner has been falsely involved in this case. In-fact, the sister of the petitioner is married to the brother of the complainant.
Learned State counsel, who is assisted by the counsel for the complainant, has opposed the petition and has submitted that the petitioner was already married and without disclosing the said fact, he had got married to the complainant and has been harassing her on account of demand of dowry.
(2 of 2)
[CRLMB-13187/2018]
Keeping in view the seriousness of allegations levelled against the petitioner, no ground for grant of anticipatory bail to him, is made out. Dismissed.
(SABINA)J.
MRG/35
1 issue framed by the court
Whether anticipatory bail under Section 438 CrPC should be granted in a case alleging bigamy and dowry harassment?
5 provisions across 2 enactments
Hariram
State of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
