Mukesh v. The State ( NCT Of Delhi)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1006/2015 MUKESH ..... Petitioner Through:

Mr. Bheem Sharma, Mr. R.S. Sharma and Mr. Umang Sharma, Advs.

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

Mr. Amit Ahlawat, APP for State along with SI Yogesh Tanwar, P.S.

Amar Colony.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 26.05.2015 Learned APP for the State has contended that immediately after the marriage, which took place on 4th November, 2014, petitioner started maltreating the complainant on the pretext that she had not brought sufficient dowry. Her in-laws demanded a car from her. Complainant was not provided with proper food. On 9th December, 2014 her mother-in-law and sister-in-law gave beatings to her in presence of her father-in-law and ousted her from the matrimonial home. On 10th December, 2014 her husband quarrelled with the mother of complainant. Learned APP contends that custodial interrogation is required to recover stridhan. Per contra, learned counsel for the petitioner submits that complainant

has been convicted by the trial court on 15th February, 2014 in FIR No. 620/06 under Sections 302/120-B/34 IPC registered at police station Mehrauli and this fact was not disclosed by her to the petitioner at the time of marriage.

Learned counsel further contends that behaviour of complainant was not good. He further contends that petitioner has already filed a petition for judicial separation in the Family Court, Saket where the matter is pending. Learned counsel further contends that general allegations have been levelled in the FIR.

Keeping in mind totality of the circumstances, it is ordered that in case of arrest petitioner be released on anticipatory bail subject to furnishing a personal bond in the sum of `15,000/- with one surety in the like amount to the satisfaction of Arresting Officer/Investigating Officer/Station House Officer of the concerned police station.

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

A.K. PATHAK, J.

MAY 26, 2015 ga