Pooja Devi v. The State
$~4 & 5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2650/2017 POOJA DEVI ..... Petitioner Represented by:
Mr.Man Mohan Yadav, Advocate versus THE STATE ..... Respondent Represented by:
Ms.Meenakshi Chauhan, APP for the State with PSI Rajat, PS BHD Nagar + BAIL APPLN. 54/2018 AARTI ..... Petitioner Represented by:
Mr.Man Mohan Yadav, Advocate versus STATE ..... Respondent Represented by:
Mr.Amit Gupta, APP for the State wtih PSI Rajat, PS BHD Nagar
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 15.05.2018 1.
By these petitions, the petitioners who are sisters-in-law of the deceased Priya seek anticipatory bail in case FIR No.237/2017 under Sections 304B/498A/34 IPC registered at PS Baba Haridas Nagar. 2.
DD No.26A was received at PS Baba Haridas Nagar from RTRM Hospital Jaffar Pur Kalan on 10th November, 2017 that Priya wife of
Pradeep has been admitted with ingestion of unknown poison. During the treatment, gastric lavage of Priya was preserved however she was opined to be unfit for statement, thus her statement could not be recorded. Later on she was admitted to Balaji Action Medical Institute, Paschim Vihar by her relatives where she died on 12th November, 2017. Statements of the family members of Priya were recorded by the Executive Magistrate who alleged harassment to Priya for demand of dowry soon before her death. Since seven years had not elapsed from the marriage of Priya, abovenoted FIR was registered.
3.
Father of Priya on whose statement the abovenoted FIR was registered stated that he had married Priya to Pradeep on 22nd May, 2017 and that in marriage they gave dowry as per their ability. However her in-law started troubling her after one and a half month of her marriage. They used to trouble her for Chain, Cash and Car and used to often quarrel with her and beat her. It is alleged that Pradeep demanded ₹1 lakh from him when he brought Priya to their house, so after selling his buffalo, the complainant paid him ₹50,000/-. On 10th November, 2017 at about 3:45 PM Pradeep rang up and told the complainant that Priya was unwell and that she has been taken to the hospital. After reaching the hospital they shifted her to Balaji Action Medical Institute where she died. Complainant alleged that Pradeep, his parents and sisters-in-law Pooja and Aarti and brother-in-law were responsible in the death of Priya.
4.
Perusal of the FIR as noted above reveals that there is no specific allegations against the two petitioners who are the sisters-in-law. From the MLC of Priya, it is revealed that Aarti, the unmarried sister-in-law of Priya
got admitted Priya in the hospital. Pooja is the married sister-in-law. 5.
Learned APP for the State submits that charge sheet has since been filed.
6.
Considering the nature of allegations and since the petitioners have already joined the investigation, 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 ₹25,000/- each with one surety bond each in the like amount subject to the satisfaction of the Arresting Officer/SHO/Trial Court further subject to the condition that in case of change of residential address, the petitioners will intimate the same to the learned Trial Court. 7.
Petitions are disposed of.
8.
Order dasti.
MUKTA GUPTA, J.
MAY 15, 2018 mamta