( 1 ) THIS is a petition under Section 438, Cr. P. C. for grant of anticipatory bail to the petitioner in case FIR No. 124/2003 under Sections 498a, 406, IPC, P. S. Karma market.

( 2 ) AS per prosecution allegations, petitioner was married to the complainant on 3. 7. 2002; the marriage between the parties did not succeed and on 17. 4. 2003, abovenoted case was registered on the report of the complainant.

( 3 ) LEARNED Counsel for the petitioner submits that the petitioner has participated in investigation; the complainant had been writing letters praising her in-laws and the husband-petitioner is working in a Bank and complainant is also employed in the National Book Trust; and petitioner is willing to keep the complainant but she has declined to join the matrimonial home. Thus conciliation failed because of the complainant, therefore, the petitioner is entitled to anticipatory bail.

( 4 ) LEARNED APP for the State, arguing to the contrary submits that the two accused mentioned in the FIR have already been granted anticipatory bail; articles of Istridhan and jewellery weighing about 35 tola of gold and some silver items are yet to be recovered and, therefore, custodial interrogatio

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