Anita Devi v. State (NCT Of Delhi)

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2343/2016 ANITA DEVI ..... Petitioner Through:

Mr. Bhavook Chauhan, Advocate versus STATE (NCT OF DELHI) ..... Respondent Through:

Ms. Radhika Kolluru, APP with SI Santosh Kumar, PS Tilak Nagar.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 06.12.2016 The status report has been filed on record. It has been confirmed that the three minor children of the petitioner, namely, two sons and one daughter are presently residing with the elder brother Dharmender Jha, who is residing on rent at WZ-40, Third Floor, Gali No. 16, Krishna Park, Tilak Nagar, Delhi, along with his wife and one daughter. The petitioner is seeking bail in the present case on humanitarian considerations. The submission of the petitioner is that she is the mother-inlaw of the deceased. Her son i.e. husband of the deceased and her husband i.e. father-in-law of the deceased are also in judicial custody in case FIR No. 245/16, registered under Sections 498A/304B/34 IPC, at police station

Tilak Nagar.

The case of the petitioner is that on account of her being taken into custody, her other three minor children are suffering as they had to shift to their elder brother's house, who is himself residing with his family and is working as a three-wheeler operator. The elder son is finding it difficult to make both ends meet with the burden of three minor children of the petitioner and the said children are also suffering. The charge-sheet in the case already stands filed.

Learned counsel submits that only two independent witnesses, named in the charge-sheet are the parents of the deceased who are in Bihar. Looking to the aforesaid circumstances, I am inclined to allow this petition. Accordingly, it is directed that the petitioner be released on bail upon her furnishing person bond in the sum of Rs. 20,000/- with one surety in the like amount to the satisfaction of the trial court. At the time of her release, she shall provide her mobile number to the trial court which shall not be changed without prior intimation to the court and shall be kept in working condition at all the times. This is further subject to the condition that the petitioner shall not seek to influence the prosecution witnesses or tamper with the evidence.

The bail application stands disposed of.

Dasti.

VIPIN SANGHI, J DECEMBER 06, 2016 sl