IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) No.184 of 2008 Decided on: March 25, 2008. Bhadur Singh & Anr. …Petitioners. VERSUS State of Himachal Pradesh ….Respondent. Coram The Hon’ble Mr.Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Petitioners: Mr G.D.Verma, Sr.Advocate with Mr B.C.Verma, Advocate. For the respondent: Mr A.K.Bansal, Addl.A.G. Kuldip Singh, Judge (Oral) This is an application under Section 438 Cr.P.C. for releasing the petitioners on bail in F.I.R. No.30/08 dated 1.3.2008 registered at Police Station, East Shimla under Sections 498-A, 34 I.P.C. 2. Heard and perused the record. The respondent has filed the status report. On the application of Chetna Verma, wife of Pradeep Kumar, under Section 156(3) Cr.P.C., the learned Judicial Magistrate 1st Class, Ghumarwin on 22.8.2007 directed S.H.O. Police Station, Bharari, District Bilaspur to investigate the matter and accordingly F.I.R. No.98/2007 was registered under Section 498-A IPC at Police Station Bharari, District Bilaspur. Later on, the case was transferred to Police Station, Shimla (East) and F.I.R. No.30/08 Whether the reporters of the local papers may be allowed to see the judgment? Yes …2… dated 1.3.2008 came to be registered at Police Station, Shimla (East). 3. The petitioners’ case, in brief, is that marriage between their son Pradeep and Chetna Verma (complainant) was solemnized on 19.7.2003 and they have one son from the wedlock born on 30.11.2004. The complainant stayed with Pradeep Kumar till 19.4.2004 and after 20.4.2004 the complainant started living with her mother in House No.59, Cinema Colony, Main Market, Bilaspur. The complainant earlier filed petition for maintenance under Section 125 Cr.P.C. in the Court at Bilaspur which was withdrawn on 22.5.2006. On 31.5.2006, the complainant was brought back by their son Pradeep and the complainant stayed with petitioners and their son till third week of October 2006. The complainant suffers from some mental disorder. The petitioner No.1 and Pradeep arranged her medical treatment at P.G.I. Chandigarh but the complainant did not co-operate in treatment. The complainant left for Bilaspur on or about 22.10.2006 without the knowledge and consent of petitioners and their son Pradeep and thereafter she did not return. The complainant again filed petition under Section 125 Cr.P.C. for grant of maintenance on 1.1.2007 at Ghumarwin. In order to avoid any dispute, the matter was settled on 7.6.2007 and it was agreed that complainant would be paid monthly maintenance at the rate of Rs.2400. This amount is being paid regularly to the complainant. The complainant has levelled false allegations against the petitioners and on that basis F.I.R. No.98/2007 was registered at Police Station, Bharari, District Bilaspur, which has been transferred to Police …3… Station, Shimla (East) by way of F.I.R. No.30/08 dated 1.3.2008. The petitioners have committed no offence. They are ready to join investigation and no recovery is to be made from the petitioners. 4. The bail application has been opposed by learned Additional Advocate General. In the status report, there is no allegation that petitioners have not joined the investigation nor it has been stated that any recovery is to be made from the petitioners. In the facts and circumstances of the case, the application is allowed and the petitioners, in the event of arrest, are ordered to be released on bail in F.I.R. No. 30/08 dated 1.3.2008 registered at Police Station, Shimla (East) under Sections 498-A, 34 I.P.C., on their furnishing personal bond in the sum of Rs.10,000/- each with one surety each in the like amount to the satisfaction of the Arresting Officer subject to the condition that petitioners shall join the investigation as and when called and shall not hamper the investigation and tamper with the prosecution evidence in any manner. 5. The observations made in the order shall not be construed as expression of opinion on the merits of the case. Copy dasti, on usual terms. March 25, 2008 ( Kuldip Singh ), J. (soni)