1 2025:CGHC:40948 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 689 of 2025 Dr. Moon Ramraika S/o Late Shri Suresh Ramraika Aged About 35 Years R/o House No. 8/277, Tandon Bagicha, Damoh, Madhya Pradesh ...Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Mahila Thana, District - Durg Chhattisgarh 2 - Dr. Ruchi Ramraika W/o Dr. Moon Ramraika, D/o Shri Manikant Agarwal R/o Chuna Bhat, Deodara (CT) Mandla, Tehsil And District Mandla, Madhya Pradesh ... Respondents For Applicant : Shri Harshmander Rastogi, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. For complainant : Shri Virendra Verma, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/08/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.14 18:29:55 +0530 2 apprehending his arrest in connection with Crime No.16/2025 registered at Police Station – Mahila Police Station, District Durg (Chhattisgarh) for the offences punishable under Sections 3(5) and 85 of Bhartiya Nyaya Sahita. 2. Facts of the case are that marriage took place between the Applicant and the Complainant on 13.6.2023 as per Hindu rites and customs at Jabalpur, Madhya Pradesh. It is stated that no demand of dowry was ever made and hence no dowry was given by the complainant's family. It is stated that no child was born out from the said wedlock as the marriage was not consummated. Applicant is a dentist by profession having BDS & MDS degree and the complainant is also a dentist by profession. It is stated that the Applicant and Respondent No.2 are residing separately since from 20.07.2024 as the applicant tried his best for reunion but the complainant refused to do so. Applicant made a written complaint against the Respondent No.2 before the Police Station at Damoh, Madhya Pradesh stating how the private respondent harasses her mother, sister and him. The applicant therefore was advised to file Divorce Petition, which was later filed bearing case number HMA No. 1152 of 2024 before the Principal Judge, Family Court, Jabalpur, Madhya Pradesh. On receipt of summons in the aforesaid Divorce Petition, the Respondent No.2/ complainant filed a Petition under Section 9 of the HMA before Principal Judge, Family Court, Durg, Chhattisgarh. Respondent No.2 made a criminal complaint against the Applicant and his mother under Section 85 r/w 3(5) of BNS. Applicant received a call from the Police Station with a direction to visit on 30.01.2025. The Applicant sent a letter to the Police Station 3 informing his inability to come due to ill-health of his old and aged mother. It is stated that the father of the applicant is no more and the mother is completely dependent upon the applicant. Applicant received another call with a direction to appear before the Police on 25.02.2025. The applicant again reiterated that his mother is not well and there is no one to look after her. The applicant informed his inability to visit the police station. Accordingly the complaint dated 18.01.2025 was converted into an FIR No. 16/2025 PS Mahila Thana, Durg, Chhattisgarh. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the matter was earlier listed before this Court on 09/05/2025 and was referred to the Mediation Center and the mediation failed. He would further submit that again case was listed before the Court on 23/06/2025 and again matter was referred to the Mediation Center, the applicant and the complainant appeared before the Mediation Center, and mediation was successfully completed between them, therefore, he prays for grant of anticipatory bail to the present applicant. 4. Learned State counsel as also learned counsel for the complainant has not disputed the said fact. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and further considering the fact that matter was earlier listed before this Court on 09/05/2025 and was referred to the Mediation Center and the 4 mediation failed and again matter was listed before this Court on 23/06/2025 and was again referred to the Mediation Center, the applicant and the complainant appeared before the Mediation Center, and mediation was successful, therefore, without further commenting on the merits, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Dr. Moon Ramraika, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) the applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri