Kanwaljit Singh Ahluwalia, J. - (1.) PRESENT application has been filed under Section 438 Cr.P.C. for grant of pre -arrest bail to the petitioner in a case arising out of FIR No. 40/2014, registered at Police Station Mahila Thana (East), Jaipur District Jaipur for offence punishable under Sections 498A, 406, 323 and 341 IPC.
(2.) IN the present case, the petitioner is husband of the complainant/aggrieved -wife. The learned counsel appearing for the petitioner contended that as per Section 41 of the Code of Criminal Procedure where imprisonment prescribed is less than seven -years, Investigating Agency has to record the reasons as to why arrest of the petitioner is necessary. It is further contended by the learned counsel that as per judgment of the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar and another, in Criminal Appeal No. 1277/2014 [Special Leave Petition [CRL.] No. 9127/2013], decided on 02.07.2014, notice is to be served upon the accused under Section 41 -A of the Code of Criminal Procedure to appear before the Investigating Officer.
(3.) FURTHERMORE , during the course of arguments, it is not denied that offence under Sections 323, 498 -A, 406 and 341 I.P.C. prescribe maximum imprisonment of three -years and, therefore, the sentence to be awarded for the above said offence is less than seven -years.;