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Smt Bilkis And Anr vs State on 12 July, 2018

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
(2 of 3) [CRLMB-4669/2018]

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/-
(3 of 3) [CRLMB-4669/2018]

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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