Order on Board 16.02.2023

With the consent of the parties, the matter is heard finally at motion stage itself.

1. The applicant has preferred this application under Section 438 of Code of Criminal Procedure, 1973 for grant of anticipatory bail in connection with Crime No.19/2023 registered at Police Station Mahila Police Station Raipur, District Raipur (CG) for the commission of offence punishable under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 ( for short' the Act of 2019').

2. Case of the prosecution is that, the complainant lodged a report in Mahila Thana, Raipur on 21.01.2023 to the effect that present applicant had suspicion over her character and she was subjected to cruelty, therefore, she had left her matrimonial house from last 7 months. A notice of divorce was sent by the applicant to the complainant for dissolution of marriage ([kqyk rykd), which was refused by her and thereafter, in presence of witnesses, the present applicant pronounced talaq three times. On such complaint, Police registered offence punishable under Section 4 of the Act of 2019.

3. Learned counsel for the applicant would submit that he has never pronounced three times talaq