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High Court of DelhiBAIL APPLN./2559/2017

Sarita v. The State Govt Of NCT Of Delhi

2018-03-14Hon'Ble Ms. Justice Mukta Gupta3 pages

$~1 &11 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ bail APPLN. 2559/2017 petitioner Represented by: Mr. Alok Kumar Rai and Ms.

Sunaina Saini, Advocates.

versus THF STATE GOVT OF NOT OF DELHI THE STATE Mr. Amit Gupta, APP SI ^ p.L. Meena,PS AmanVihar.

_ + . bail APPLN. 2552/2017 Petitioner ^ ANKITA r, ntedby; Mr. Alok Kumar Rai and Ms.

Sunaina Saini, Advocates.

versus THE STATE GOVT OF NCT OF DELHI ^fSf^^rsT the STATE GO V Mr. Amit Gupta, APP w h SI P.L. Meena, PS Aman Vihar.

( HON^E MS. JUSTICE MUKTA GUPTA

ORDER

^ „/ 14.03.2018 ^ r By these petitions, the petitioners who are sisters-in-law of the deceased (Arti) seek anticipatory bail in case FIR No. 1232/2017 under Sections 498A/304B/34IPC, registered at PS Aman Vihar, Delhi. 2.

The above noted FIR was registered on the complaint of one Bahram Singh, father of Arti who stated that he had four daughters and one bail APPLN. 2559/2017 arid com. matter page 1 of Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

Aarti, his eldest daughter was married to Amit Verma on 8'^ March, 2015. He performed the marriage with great pomp and show, however, after the marriage family members of Amit use to harass and beat Arti for dowry. In order to save her matrimonial life he gave money twice but their demands was never satisfied. Arti's husband Amit used to ask her to bring Bullet bike from her parental house and Arti's mother-in-law and father-in-law also j oined Amit in harassing and torturing her.

It is further stated that on being fed up by behaviour of in-laws, Arti o started living separately in Sultanpuri with her husband, however later the complainant brought her back to the matrimonial home. When Arti gave o birth to a male child she was not properly looked after m the matrimoraal home due to which the complainant brought Arti to his home for sometime however she went back to her matrimonial home after 20-25 days. On 19 November, 2017 Arti' s husband beat her and sent her out of the house. After Arti came to his house at around 8;00pm Amit and Ankita, the petitioner herein came to the house to take Arti. Thus, the complainant sent Arti and Amit after counselling them. On the date of incident 20'^ November, 2017 at around 3:20 PM he received a call from the neighbour of Arti's matrimonial home informing that Arti had committed sucide. O 4.

The allegation against the two petitioners, who are the unmarried sisters of Amit, is that they used to taunt Arti for bringing less dowry. As noted above it is further stated that Ankita accompanied her brother to bring back Arti to matrimonial home one day before she committed suicide. Thus the only allegation against the petitioners in the FIR is that they used to taunt her for bringing less dowry and many times threw her out of the house. No BAIL APPLN. 2559/2017 and conn, matter P"®" ^ "J

specific date and time, and the allegation as to what demand was made have been given.

5.

Learned APP for the state on instruction from the Investigating Officer submits that charge sheet has been filed against the petitioners without arrest keeping them under column No. 11. 6.

Considering the nature of allegations against the petitioners and that the petitioners are the two unmarried sisters-in-law of the deceased against whom there are no specific allegations and that the investigation is complete o since charge sheet has been filed, this Court deems it fit to grant anticipatory bail to the petitioners. It is therefore directed that in the event of arrest the petitioners be released on bail on their furnishing a personal bond in the sum of «5,000/- each with one surety bond each of the like amount, subject to O the satisfaction of the Airesting Officer/ SHO/ Court, forther subject to the condition that the petitioners will join the investigation as and when directed by the Investigating Officer and in case of change of residential address the same will be intimated to the Court concerned by way of an affidavit. 7.

Petitions are disposed of.

8.

Order dasti.

O MUKTA GUPTA, J.

MARCH 14, 2018 'yo'

BAIL APPLN. 2559/2017 and conn, matter ^