1 S.B.Criminal. Misc. Bail Application No.3088/2007 (Chandra Singh vs. State of Rajasthan) Date of order : July 09, 2007 HON'BLE MR.H.R.PANWAR,J. Mr.Rakesh Arora, for the petitioner. Mr.Ashok Upadhyaya, Public Prosecutor. Heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned. I have carefully gone through the statement of the complainant, which was recorded by the Judicial Magistrate as dying declaration. From the perusal of the statement of the complainant under section 164 Cr.P.C., in my view, prima facie, there is evidence that the complainant has been subjected to cruelty and the petitioner is husband of the complainant. In the circumstances, therefore, it is not a fit case for grant of anticipatory bail. Though the bail to Prem Kunwar, who is mother-in-law of the complainant, has been granted, at that time, it was not brought to the notice of the Court that there is an allegation against the mother-in-law who used to subject the cruelty to the complainant in presence of the petitioner. In this 2 view of the matter, in my view, it is not a fit case for grant of anticipatory bail to the petitioner. The bail application filed by petitioner under section 438 Cr.P.C. is dismissed. (H.R.PANWAR),J. m.asif/-