Mohit Kumar v. State (NCT Of Delhi)

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2804/2015 MOHIT KUMAR ..... Petitioner Represented by:

Mr. Niraj Kumar Mishra, Adv.

versus STATE (NCT OF DELHI) ..... Respondent Represented by:

Mr. Hirein Sharma, APP with SI Sanjay Kumar PS Madhu Vihar.

Mr. B. Karunakaran, Adv. for complainant.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 29.08.2016 By the present petition the petitioner who is the husband of the complainant seeks anticipatory bail in case FIR No. 867/2015 under Sections 498A/406/34/377 IPC registered at PS Madhu Vihar on the complaint of his wife.

The allegations against the petitioner in the FIR are that the parties got married on 15th December, 2014 and in various ceremonies huge amounts were spent beyond the capacity of the parents of the complainant. However, the petitioner and his family members were not satisfied by the dowry. Further the petitioner was habitual of taking liquor thus he harassed the BAIL APPLN. 2804/2015

complainant mentally and physically and performed unnatural sex. Though there are allegations that burn injuries were caused to the complainant in the kitchen by a chimta, however there is no medical record of the same. Considering the fact that the petitioner is ready to show his bonafide by giving a sum of `5 lakhs to the complainant without prejudice to his rights and contentions within four weeks, which will not be counted towards her maintenance, I deem it fit to grant anticipatory bail to the petitioner.

It is therefore directed that in the event of arrest the petitioner be released on bail on his furnishing a personal bond in the sum of `25,000/- with one surety of the like amount subject to the satisfaction of the Arresting Officer/ SHO concerned further subject to his joining the investigation as and when directed and subject to the condition that he will not leave the country without the permission of the Court concerned and also subject to his giving a sum of `5 lakhs to the complainant without prejudice to his rights and contentions within four weeks, which will not be counted towards maintenance of the complainant.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

AUGUST 29, 2016 'ga'

BAIL APPLN. 2804/2015