Ram Sabad v. The State ( Govt Of NCT Of Delhi)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1144/2016 RAM SABAD ..... Petitioner Through :

Mr. Anil Kumar Sharma and Mr.

Apoorv Kumar Sharma, Advs.

versus THE STATE ( GOVT OF NCT OF DELHI) ..... Respondent Through :

Mr.

Sudershan Joon, APP with Inspector Darshan Lal PS Anand Parbat.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 30.08.2016 Learned counsel for petitioner submits that petitioner is father in law of the deceased. Deceased died due to 95% burns after one and half years of the marriage.

During the inquest conducted by the Executive Magistrate statements of parents of deceased were recorded, immediately after the incident wherein no complaint of demand of dowry and harassment of deceased was levelled. FIR has been registered after six months pursuant to the order passed by the learned ACMM, West, Tis Hazari Courts, Delhi under Section 156(3) Cr.P.C. In their statements recorded by the Executive Magistrate, parents of the deceased had stated that after the marriage, deceased did not make any complaint to them about the demand of dowry by her in laws. Only in the complaint filed before the Metropolitan Magistrate allegations of demand of

dowry have been levelled.

Even in the FIR, no specific allegation is there against the petitioner regarding demand of dowry and harassment. Learned additional public prosecutor has opposed the grant of bail. It is submitted that deceased died due to 95% burns within one and half years of marriage. In the FIR, specific allegations of demand of dowry and harassment have been levelled, inasmuch as, it has been stated that in laws of deceased had set her on fire. It is submitted that complaint under Section 156(3) Cr.P.C was filed before the Magistrate after seven days of the incident. Parents of the deceased were mentally disturbed after the death of their daughter, therefore, no allegation of demand of dowry and harassment were made in the statement recorded by the Executive Magistrate.

Keeping in mind the totality of circumstances, the petitioner is admitted to bail subject to his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety in the like amount to the satisfaction of Trial Court.

Bail application is disposed of in the above terms. Dasti.

A.K. PATHAK, J.

AUGUST 30, 2016/dk