Madhya Pradesh High CourtSharwan Kumar Dwivedi vs The State Of Madhya Pradesh on 9 September, 2010M.Cr.C. No.6444/2010
09.09.2010

     Shri Vivek Shukla, Advocate for the applicants.
     Shri     R.N.Yadav,      Panel   Lawyer     for   the
respondent/State.Heard on IA No.15083/2010, an application for
urgent hearing.Since the case diary is available, the application
is allowed.Also heard both the parties.The applicants are apprehending their arrest in
connection with Crime No.114/2010 registered at
Police Station Lour District Rewa for the offence
punishable under Sections 498-A, 494 read withSection 34of IPC.Learned counsel for the applicants submits that
the applicants are reputed citizen of the locality, who
have no criminal past alleged against them. The
complainant was wife of applicant No.2, but she was
living with her parents prior to the date of alleged
second   marriage.    The     applicant   No.2   has   not
performed any second marriage with any one. The
complainant of the case has lodged a false complaint
against the applicants and all family members only
to pressurize the applicants. The offence is triable by
the Court of Judicial Magistrate First Class and at
present there is no any risk for further harassment
to the complainant. Under these circumstances, they
pray for anticipatory bail.Learned Panel Lawyer for the State submits
that the application of two other co-accused namely
Devwati and Priyambada is dismissed by this Court
on 11/8/2010 in M.Cr.No.5769/2010.Keeping in view the submissions made by
learned counsel for the parties and the facts and
circumstances of the case, I am of the view that this
is a fit case for grant anticipatory bail to the
applicants. Consequently, this application underSection 438, Cr.P.C. is hereby allowed. It is directed
that in the event of arrest, applicants Shrawan
Kumar Dwivedi, Yogendra Kumar Dwivedi and
Shailendra Kumar Dwivedi shall be released on
bail on furnishing a personal bond in the sum of
Rs.20,000/- (Rupees twenty thousand) each with a
solvent surety in the like amount to the satisfaction
of the Arresting Authority.The applicants shall further abide by the
conditions enumerated in sub-Section (2) of Section
438 of Cr.P.C.This order shall remain in force for a period of
30 days and in the meanwhile, if the applicants so
desire, may move an application for regular bail
before the competent Court.C.C. as per rules.(N.K.Gupta)
                                          Judge

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