Cr.M.P.(M) No. 117 of 2009. 10.3.2009 Present: Mr. D.S.Nainta and Mr. Deepak Kumar, Advocates for the petitioners. Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Addl. A.G. and Mr. Vikas Rathore, Dy.A.G. for the respondent. This is an application under Section 438 of the Code of Criminal Procedure for grant of bail to the petitioners in case F.I.R. No. 307 of 2007 dated 5.12.2007 registered at Police Station, Shimla under Section 498-A of the Indian Penal Code. Heard. Mr. D.S. Nainta submits that due to some misunderstanding and temperamental differences between husband and wife, it has resulted into the lodging of present F.I.R. on false and frivolous allegations involving all the members of the in-law’s family including the present petitioner. The application for anticipatory bail has been dismissed illegally and arbitrarily by the learned Additional Sessions Judge, Shimla on 2.8.2008. He further submits that the learned Additional Sessions Judge, Shimla while considering the bail application did not consider the fact that brother in law and sister in law are residing separately prior to the marriage of Ms. Vandana Kapil and the allegations are vague and general in nature. One of the co-accused Jag Bhushan was released on bail by the learned JMIC, Shimla on 10.12.2008. The petitioners belong to a respectable family and there is no likelihood of their fleeing away. The petitioners are ready to abide by all the conditions to be imposed by the Hon’ble Court and will join the investigation as and when required by the police. The learned Senior Additional Advocate General submits that the application filed for the grant of anticipatory bail by the other co- accused persons has been rejected by the learned Additional Sessions Judge, Shimla, except the bail of co-accused Jag Bhushan which has been allowed by the learned JMIC, Shimla. The investigation in the case is almost complete and the challan will be put up in the Court on completion of the investigation. I have gone through the copy of the first information report annexed with the application. A bare perusal of the first information report reveals that the accused persons have misappropriated the entire dowry and have physically and mentally tortured the complainant’s daughter. She has also been slapped and given beatings on several occasions under the influence of liquor with the sole objective to procure more dowry from the complainant. The demand of dowry by the accused persons was fulfilled thrice by making payments of Rs. 40,000/-, Rs. 30,000/- and Rs. 20,000/- for purchase of motor cycle etc. The accused persons have also threatened the daughter of the complainant to finish her life. The conduct of the accused persons reveals that the complainant’s daughter is subjected to cruelty and harassment. Consequently, the petitioners have not made out a case for their release on bail. Accordingly, there is no merit in this application and the same is dismissed. The observations made in this order are for the disposal of this application and the same shall not be treated as an expression or opinion on the merits of the case. (Rajiv Sharma), J. March 10, 2009. (cr)