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Judgment
G. S. Ahluwalia, J
Case diary is available.
This first application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023/438 of Cr.P.C. has been filed for grant of anticipatory bail.
The applicant is apprehending her arrest in connection with Crime No.65/2026 registered at Police Station Naugaon, District Chhattarpur, for offence under Sections 89, 85, 115(2), 351(3), 3(5) of the BNS and section 3/4 of the Dowry Prohibition Act.
According to the prosecution case, the complainant, who was pregnant, was badly beaten by the husband and in-laws including the applicant. It is submitted by counsel for the applicant that from the Sonography done on the date of alleged incident of beating, it is clear that fetus was normal and, thus, if some miscarriage has taken place after five days, it was not the result of any beating. The fact that fetus was found normal indicates that the allegation of beating is false.
Per Contra, it is submitted by counsel for the State that in the MLC, bluish discoloration was found present over left shoulder, left arm, left side of cheek and neck near ear, and the complainant had suffered miscarriage.
Heard learned counsel for the parties.
Since this court is not a medical expert, therefore, in order to understand the medical report filed by the applicant this court thought it proper to take the services of the doctor posted in Civil Dispensary, High Court. Dr.Nimisha Paul, after going through the documents relied upon by the applicant, found that as per the sonography report relied upon by the applicant, no movement of fetus was found. Thus, it was informed that in fact the child was already dead on the day when first sonography was done.
In view of the specific allegation made by the complainant as well as the medial documents, it is clear that complainant who was pregnant, was badly beaten as a result she suffered miscarriage also.
Accordingly, no case is made out for grant of anticipatory bail.
The application fails and is hereby dismissed.