Vivek Mishra vs State Of Chhattisgarh

The Applicant is apprehending his arrest in connection with Crime No.41 of 2012 registered at Police Station Mahila Thana, Raipur, District Raipur

for offence punishable under Sections 498A, 34 and 406 of the Indian Penal Code.

Facts of the case, in brief, are that marriage between the Applicant and Complainant Payal Panigrahi was performed on 17.6.2011. in the written

complaint lodged by Payal, she has made allegations that her husband/Applicant, in-laws and their other family members started harassing her soon

after the marriage. The Applicant lives in Chicago. She went there. There also, he beat her. Even when she was pregnant, he beat and ousted her

from his house.

Learned Counsel appearing for the Applicant submits that the alleged incident took place at Jagdalpur and Chicago. A Police Station of Raipur does

not have jurisdiction to take action against him. Other co-accused Supriya and Kalyani have already been granted benefit of anticipatory bail and

father-in-law and mother-in-law of the Complainant have been granted benefit of regular bail. The Applicant is an educated person and is a pass-out

of Indian Institute of Technology (IIT), Kanpur. He is ready to furnish adequate surety and shall abide by all the conditions which may be imposed by

this Court.

Learned Counsel appearing for the State/Respondent opposes the prayer for grant of anticipatory bail. He submits that though other co-accused

have been granted bail, but the present Applicant is the husband of the Complainant and is the main accused and sufficient evidence is available

against him regarding the harassment given by him to the Complainant.

I have heard Learned Counsel appearing for the parties and perused the material available with due care.

Considering the facts and circumstances of the case and the role of the Applicant in the offence, I am not inclined to release him on anticipatory

bail.

Accordingly, the bail application is rejected.

At this stage, Learned Counsel appearing for the Applicant submits that the Applicant may be given a fixed date for his surrender before the

concerned Trial Court and the Trial Court may be directed to decide his application for grant of regular bail on the date of its filing itself.

On due consideration, it is directed that the Applicant shall surrender before the concerned Trial Court on 8.6.2018 between 11:00 a.m. and 11:30

a.m. positively and if any application for grant of regular bail is filed on his behalf before the Trial Court, the same shall be considered and decided on

the date of its filing, if possible.