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2018 Supreme(MP) 966

ANAND PATHAK
Miss A – Appellant
Versus
State Of M. P. – Respondent


Advocates Appeared:
For the Petitioner: V. D. Sharma
For the Respondent: Ravindra Singh, Public Prosecutor

ORDER :

This is first bail application under section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) at the instance of a juvenile (aged 15 years 11 months 23 days at the time of commission of offence) for the alleged offence under sections 498-A, 376, 326-A, 506(B) and 34 of Indian Penal Code registered at Crime No. 264/2018 at Police Station Kumbhraj District Guna.

2. At the outset, learned counsel for the respondent/State raised the objection regarding maintainability of application for anticipatory bail under section 438 of the Code at the instance of a Juvenile, therefore, before adverting to the merits of the case, question of maintainability of application at the instance of juvenile under section 438 of the Code is decided.

3. As per the case of prosecution, prosecutrix is sister-in-law (Bhabhi) of present applicant because she is married to her brother Arbaz Khan. After marriage of the prosecutrix on 1-11-2017, when she and her parents did not satiate the dowry demand of family members of in-laws, then she was subjected to physical and mental abuse. On 22-5-2018 when she was sleeping, her brother-in- law Shahbaz Khan (Devar) knocked the doo

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