Indeshwari Devi v. The State of Jharkhand

THE HON’BLE MR. JUSTICE D.N.UPADHYAY For the Petitioner: For the State: Mr. Binod Kumar Dubey, Advocate. A.P.P. ---------- 02/ 25.09.2012 It reveals from the F.I.R. that the complainant got herself married with accused no.1 Vikash Kumar @ Suraj Kumar out of love affairs prevailing between them. Petitioner, who happens to be the mother-in-law, did not recognize the complainant as daughter-in-law and demanded dowry to the tune of Rs. 5 lakh and finally ousted from the house. It is submitted that complainant got herself married with the son of the petitioner out of her sweet-will and therefore question of demand of dowry does not arise at all. Petitioner never assaulted the complainant. On the other hand, Counsel for the State has opposed the prayer and submitted that the complainant was assaulted by the petitioner and other accused after bolting her in the room. Considering the fact that petitioner is a lady and the marriage between accused no.1 and complainant was solemnized out of their sweet-will, I do feel inclined to enlarge the petitioner on anticipatory bail. Accordingly, she is directed to surrender before the court below within three weeks from today and if she does so she shall be released on bail on furnishing bail bond of Rs. 10,000/- ( Ten thousand) with two sureties of like amount each to the satisfaction of the C.J.M., Hazaribagh in connection with Ichak P.S. Case No. 91 of 2011, corresponding to G.R. No. 2251 of 2011, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. P.K.S. [D.N.Upadhyay,J.]