Even since the marriage, the petitioner C and his family members had been harassing and persecuting h the victim in connection with their demand for a Mahindra ig car, Rs.1,00,000/- in cash and gold and silver ornaments in H dowry.The petitioner started to harass the victim sexually.He would have oral and anal intercourse with her.He would insert wooden pieces in her private part and anus.He had relations with other women and he has been keeping one girl namely Kavita Pal as his concubine.hy Heard on this first application for anticipatory bail under ad section 438 of the Code of Criminal Procedure filed on behalf M of petitioner Premlal Dhurve in Crime No. No.524/2016 registered by P.S.- Pandurna, District-Chhindwara under of Sections 498-A read with section 34, 377 and 506 of the rt Indian Penal Code.Learned counsel for the petitioner submits that the petitioner is a constable in police department.Originally only offence under section 498-A read with section 34 of the Indian Penal Code was registered against the petitioner.The petitioner was granted anticipatory bail by the Court of Additional Sessions Judge.However, later the victim moved an application before the Superintendent of Police, Chhindwara.sh On his direction, offence under section 377 of the Indian Penal Code was also added.The petitioner did not hy misuse the liberty granted to him under section 438 of the ad Code of Criminal Procedure earlier.Now, he is apprehending arrest due to addition of section 377 of the Indian Penal Code M in the case after lapse of about one year.If he is arrested, he of stands to lose his Government job.Therefore, it has been prayed that the petitioner be granted the benefit of rt anticipatory bail.ou Learned Government Advocate for the respondent/State on C the other hand has opposed the application mainly on the ground that the victim had made allegations regarding h ig unnatural sexual conduct in the written report given by her.H However, since, the petitioner was a constable, the police did not register offence under section 377 of the Indian Penal Code against the petitioner at the first instance.The allegations made against the petitioner are grave in nature.Therefore, he is not entitled to be released on anticipatory bail.However, keeping in view the facts and circumstances of the case in their entirety, particularly the facts that : (1) though there is a mention of unnatural sexual conduct in elaborate written report lodged by the victim, she had failed to support those allegations in her statement under section 161 of the Code of Criminal Procedure;sh (2) no corroborating medical evidence is available; (3) the petitioner was earlier released on anticipatory bail and e ad has not misused his liberty; (4) the offence under section 377 has been added after filing of charge sheet in the case, Pr a-in the opinion of this Court, the petitioner deserves the hy benefit of anticipatory bail.ad Consequently, this first application for anticipatory bail under section 438 of the Code of Criminal Procedure, filed on behalf M of petitioner Premlal Dhurve, is allowed.of It is directed that in the event of his arrest, the petitioner shall be released on bail on furnishing a personal bond in the rt sum of Rs.40,000/- with one solvent surety in the same ou amount to the satisfaction of the Arresting Officer for his C appearance before the trial Court on all dates fixed in the h case and for complying with the conditions enumerated in sub ig section (2) of section 438 of the Code of Criminal Procedure.H Certified copy as per rules.(C V SIRPURKAR) JUDGE BIJU b BABY 2017.11.07 21:36:59

Cited provisions: Section 34 in The Indian Penal Code; Section 438 in The Indian Penal Code