Bidesh Malik v. State Govt Of NCT Of Delhi

$~15 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1094/2016 BIDESH MALIK ..... Petitioner Through :

Mr.A.K.Padhy, Advocate.

versus STATE GOVT OF NCT OF DELHI ..... Respondent Through :

Mr.Arun K.Sharma, APP with SI Nitesh Sharma, PS Saket.

Mr.Rajesh K.Singh, Advocate for the complainant along with complainant in person.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 15.12.2016 1.

The petitioner seeks anticipatory bail under Section 438 Cr.P.C. in case FIR No.54/2016 registered under Sections 354/376/377 IPC at PS Saket. Status report is on record.

2.

I have heard the learned counsel for the parties including the counsel for the complainant and have examined the file. By an order dated 25.05.2016, the petitioner was granted interim protection and was directed to join the investigation as and when required. Undisputedly, the petitioner has joined the investigation since then. Status report reveals that the prosecutrix and the petitioner were acquainted with each other since 2008. Marriage took place between BAIL APPLN. 1094/2016

the two.

It is alleged that before marriage the petitioner had committed rape upon the prosecutrix.

She, however, did not lodge any complaint against the alleged incident of rape. She has levelled allegations against Rajesh Malik - her husband's brother to outrage her modesty and commission of rape. She has also accused his other relative - Sameer.

3.

Considering the facts and circumstances of the case, the petitioner is granted anticipatory bail and in the event of arrest, he be released on furnishing personal bond in the sum of ` 50,000/- with one surety in the like amount to the satisfaction of the SHO/Investigating officer. He shall, however, join the investigation as and when required.

4.

The bail application stands disposed of.

S.P.GARG, J DECEMBER 15, 2016 / tr BAIL APPLN. 1094/2016