Sunita v. The State (Govt. Of NCT Of Delhi)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2401/2016 SUNITA ..... Petitioner Through:

Mr.R.S.Malik, Mr.Sahil Malik, Mr.Amandeep Kadyan, Mr.Varun Kalia and Mr.Kapil Dahiya, Advocates.

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

Ms.Kusum Dhalla, APP for State with SI Prem Yadav, P.S. Nangloi, Delhi.

Mr.Sumit Choudhary and Mr.Ravi Rao, Advocates for the complainant with the complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 23.11.2016 Crl.M.A.No.18227/2016 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

BAIL APPLN. 2401/2016 This is an application under Section 438 Cr.P.C. filed on behalf of the petitioner seeking grant of anticipatory bail in case FIR No.446/2016, under Sections 498-A/304-B/34 IPC, registered at Police Station Nangloi, Delhi. Learned counsel for the petitioner submits that the petitioner is

apprehending her arrest in the above case. He further submits that the deceased committed suicide within seven months of her marriage, however, she committed suicide not at the matrimonial house but at her parental house where she was residing with her parents at that time. Learned counsel for the petitioner has further submitted that this was the second marriage of the deceased and against her earlier husband also, she got registered an FIR bearing FIR No.168/2012 at Police Station Nangloi and she left the house of her previous husband within two months and there is no evidence qua against the present petitioner to connect with the aforesaid offence and submits that the petitioner is ready to join the investigation as and when directed to do so. In support of his arguments, counsel for the petitioner has relied upon 2005 II AD Crl. DHC 354 and (2008) DLT 298 Sunita Devi vs. State.

Notice. Learned APP for the State accepts notice. Learned APP for the State and learned counsel for the complainant vehemently oppose the grant of anticipatory bail to the petitioner. At this stage, learned counsel for the petitioner seeks leave to withdraw the present bail application.

The application is accordingly dismissed as withdrawn. I.S.MEHTA, J NOVEMBER 23, 2016 'dc'