This petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioners on bail in the event of their arrest for an offence punishable under Section 498A of IPC.
2. Heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondent/State.
3. The factual matrix of the case is that the marriage of petitioner No.1 was solemnized with one Smt. Rabiya Sultana on 14.02.2021. From the date of marriage, they were not cordial. The wife is very rudely responding and panchayaths were also held. In spite of panchayath, no changes in the attitude of the wife.
4. The learned counsel appearing for the petitioners would vehemently contend that the wife and her family members are going to file a complaint against the petitioners herein under Section 498A of IPC. Apart from that, they are insisting to make a separate house to visit the village and there is an apprehension of arrest.
5. The learned counsel for the petitioners further submits that a separate affidavit is filed explaining the circumstances with regard to the reasonable apprehension of arrest. The learned counsel also brought to the notice of this Court paragraph No.17 of the affidavit, wherein, it is stated that apprehend imminent danger to their lives, reputation and property at the hands of Smt. Rabiya Sultana and her family members. Hence, it is necessary to invoke Section 438 of Cr.P.C.
6. Per contra, the learned High Court Government Pleader appearing for the State would submit that first of all no complaint is filed, no FIR is registered and no averments are made in the petition with regard to, there is a reasonable apprehension of arrest. Apart from that, the learned counsel would submit that even though the affidavit is filed before the Court, wherein also except narrating the differences between the husband and wife, nothing is averred with regard to apprehension of arrest and when there is no reasonable apprehension of arrest, this Court cannot invoke Section 438 of Cr.P.C.
7. Having heard the respective counsel and also on perusal of the contents of the petition as well as the affidavit which has been filed subsequently, except differences between the husband and wife as narrated in the affidavit and though the affidavit is a lengthy affidavit, nothing is averred with regard to the reasonable apprehension to invoke Section 438 of Cr.P.C. In paragraph No.17 also, which brought to the notice of this Court by the learned counsel for the petitioners i.e., only with regard to imminent danger to their lives, reputation and property and nothing is averred with regard to reasonable apprehension of arrest. No doubt, it is a settled law that no need of registration of an FIR and giving any complaint but petitioners have to make out a case under Section 438 of Cr.P.C. for reasonable apprehension and when such reasonable apprehension is not made out by the petitioners, the Court cannot invoke Section
438 of Cr.P.C. Hence, I do not find any merit in the petition to invoke Section 438 of Cr.P.C.
8. In view of the discussions made above, I pass the following: ORDER The bail petition is rejected. Sd/- JUDGE