High Court of DelhiBAIL APPLN./2039/2017

Ripunjay Kumar & ANR v. Govt Of NCT Of Delhi & ORS

2017-10-12Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2039/2017 & Crl. M.A. 16683/2017 RIPUNJAY KUMAR & ANR ..... Petitioners Through:

Mr.F.K.Jha and Mr.Vivekanand Jha, Advs.

versus GOVT OF NCT OF DELHI & ORS ..... Respondents Through:

Ms.Anita Abraham, APP for State with SI Rajpal from PS-Uttam Nagar.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 12.10.2017 Crl. M.A. 16683/2017 (for exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

BAIL APPLN. 2039/2017 By way of present petition filed under Section 438 of the Criminal Procedure Code (herein after referred to as Cr.P.C.), the petitioner seeks Transit bail in FIR No. 130/2016 under Sections 498A/379/504/506/406 IPC & 3 and 4 of Dowry Prohibition Act registered at Police Station Magadh Medical District, Gaya, Bihar.

Brief facts of the case are that marriage between the petitioner no.1 and respondent no.3 was solemnized on 27.11.2010 at Gaya, Bihar and a female child namely Garima was born out of the wedlock on 04.11.2011. After some time, differences occurred between the petitioner no.1 and

respondent no.3 and the respondent no.3 started living separately from 10.07.2013. An FIR bearing no. 130/2016 has now been registered against the petitioners at Police Station Magadh Medical District, Gaya, Bihar. Mr. F.K.Jha, Advocate for the petitioners contended that the cause of action to file the present FIR arose at Delhi but the complainant (Respondent no.3) has wilfully lodged the FIR at Police Station Magadh Medical District, Gaya, Bihar with an intention to harass the petitioners and prayed for transit bail so that he may move an appropriate application before the court at Bihar.

Under these circumstances, I direct that the petitioner, in the event of his arrest, shall be released on bail on furnishing a personal bond in the sum of Rs. 20,000/- with one surety of the like amount to the satisfaction of the arresting officer.

This order shall operate for a period of ten days during which period the petitioner may move an appropriate application before the Court at Bihar.

Accordingly, petition stands disposed of.

Order be given Dasti under the Signatures of the Court Master. SANGITA DHINGRA SEHGAL, J OCTOBER 12, 2017 gr