Bunty @ Dharmender v. The State Govt Of NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1530/2017 BUNTY @ DHARMENDER ..... Petitioner Through:

Mr. H.S. Baghel, Adv.

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

Mr. M.S. Oberoi, APP for State with ASI Jagbir Singh, P.S. S.P. Badli.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 08.08.2017 Crl. M.A. 12641/2017 Allowed, subject to all just exceptions.

Application is disposed of.

Bail Appln. 1530/2017 Learned counsel for the petitioner submits that general allegations have been made in the FIR regarding demand of dowry and harassment. Marriage between the petitioner and complainant was organised by an NGO and entire expenses were borne by the said NGO. It was a mass marriage programme, organised by the NGO, wherein, petitioner's marriage was also solemnized with the complainant along with several other marriages. Marriage photographs have been annexed as Annexure P-4. Learned

counsel further submits that complainant has herself left the matrimonial home. Petitioner preferred a petition under Section 9 of the Hindu Marriage Act, 1955(for short, 'the HMA') wherein notice was issued to the complainant but she did not turn up, accordingly, decree under Section 9 of the HMA was passed by the Gwalior Court. It is submitted that no dowry was demanded by the petitioner.

Learned APP has opposed the grant of anticipatory bail to the petitioner. It is submitted that petitioner has alleged in the FIR that `6 lacs was spent in the marriage and valuable items were given. After the marriage petitioner used to beat the complainant. He also mentally harassed her and demanded `1 lac cash and one motorcycle from the father of the deceased and when these demands were not met, petitioner started maltreating and beating the complainant and finally, he and his family members ousted the complainant from the matrimonial home.

I have considered the rival contentions of the parties and perused the material placed on record. Keeping in mind totality of the circumstances, it is ordered that in case of arrest, petitioner be released on bail, subject to his furnishing a personal bond in the sum of `15,000/- with one surety in the like amount to the satisfaction of the Arresting Officer/Investigating

Officer/SHO of the concerned police station.

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

A.K. PATHAK, J.

AUGUST 08, 2017 ga