HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 4669/2018
1. Smt Bilkis W/o Shri Iqbal Khan, by caste Musalman, R/o-
Road No.2 in front of Ashok Hotel, Jhunjhunu, Masalisar,
Jhunjhunu (Raj.)
2. Iqbal Khan S/o Shri Nathu Khan, by caste Musalman, R/o-
Road No.2 in front of Ashok Hotel, Jhunjhunu, Masalisar,
Jhunjhunu (Raj.)
—-Petitioner
Versus
State of Rajasthan
—-Respondent
For Petitioner(s) : Mr. B.K. Mehar
For Respondent(s) : Mr. Rajesh Bhati, Public Prosecutor
Mr. Rafiuddin Khan, for complainant
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
Order
12/07/2018
The present anticipatory bail application under Section 438
of Cr.P.C. has been filed in connection with FIR No.44/18 Police
Station West Jodhpur, Metropolitan for the offence under Sections
498A and 406 registered against petitioners.
Brief facts of the case are that complainant Smt. Rukhsar
Bano daughter of Shri Moh. Salim Kureshi filed a written report on
29.03.2018 and complained about harassment by the in-laws
because of less dowry and also alleged that her in-laws instigated
her husband to leave her and enter into second marriage. After
three months of marriage, her husband went to Saudi Arabia and
thereafter, her mother-in-law, father-in-law, sister-in-law and
brother-in-law started quarreling with her and stated that she will
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be divorced and they will perform second marriage of her
husband.
On this, FIR No.44/2018 was lodged at Mahila Police Thana,
Jodhpur West, Jodhpur for offences under Sections 498A and 406
IPC. On apprehending their arrest, the petitioners filed
anticipatory bail application before the learned court below, which
was dismissed vide order dated 10.05.2018. Hence, the
petitioners have filed this bail application.
Under the directions of this Court by the order dated
06.06.2018, the investigation was completed in this matter and
status report has been placed before me.
On perusal, it is revealed that the petitioners appeared
before the Investigating Officer and agreed to return the articles
relating to dowry but the complainant refused to take possession
of dowry articles and stated that she will not received the dowry
articles until her husband Mohd. Azhar returns from Saudi Arabia.
Learned Public Prosecutor has vehemently opposed the bail
application.
Heard learned counsel for the petitioners as well as learned
Public Prosecutor. Perused the material placed on record.
Having considered all the relevant facts and circumstances of
the case, this Court deems it just and proper to grant anticipatory
bail to the petitioners under Section 438 Cr.P.C.
Accordingly, this bail application is allowed and it is directed
that in the even of arrest of applicant in connection with FIR
No.44/18 Police Station West Jodhpur, Metropolitan, the accused-
petitioners 1. Smt Bilkis W/o Shri Iqbal Khan and 2. Iqbal
Khan S/o Shri Nathu Khan shall be released on bail provided
each of them furnishes a personal bond in the sum of Rs.50,000/-
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along with two sureties of Rs.25,000/- each, to the satisfaction of
the concerned Investigating Officer/SHO on the following
conditions:-
(1) They shall make themselves available for interrogation by
Investigating Officer as and when required;
(2) 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;
(3) They shall not leave India without the previous
permission of the trial court.
(VIRENDRA KUMAR MATHUR),J.
Ravi Kh./4
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