ANGELA RANI ALIAS ANGELA SHARMA Vs. STATE OF PUNJAB
LAWS(P&H)-2012-9-406
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 19,2012

ANGELA RANI ALIAS ANGELA SHARMA Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

- (1.) The contour of the facts, which needs a necessary mention for deciding the instant petition for anticipatory bail and emanating from the record, is that marriage of complainant Vikas Sharma (for brevity "the complainant") was solemnized with petitioner Ms. Angela Rani on 19.6.2007 at Sat Narain Mandir, New York. After the solemnization of the marriage, they resided together, cohabited as husband & wife and two children were born out of their wedlock in USA. The complainanthusband returned to India on 19.8.2007. With the passage of time, some differences erupted and petitioner-wife started residing at Delhi. Thereafter, she filed a petition dated 4.11.2011 (Annexure P10) against her husband under section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter to be referred as "the Act") in the Court of Chief Metropolitan Magistrate, Delhi. According to the complainanthusband that on the night intervening 25/26.10.2011, as soon as, he waked up his wife on account of weeping of children, then, she started misbehaving and attacked him with an iron wiper, which landed on his right side of forehead and index finger of right hand. Thereafter, he started residing at the residence of his friend. On 9.12.2011, when he visited his house and opened the lock, the file containing his educational certificates, passport and ATM card was missing. In the background of these allegations and in the wake of complaint of the complainanthusband, the present case was registered against the petitioner-wife, by means of FIR No. 200 dated 9.12.2011 (Annexure P1), on accusation of having committed the offences punishable under sections 323, 380 and 506 IPC by the police of Police Station Civil Lines, Patiala in the manner depicted here-in-above.
(2.) Having exercised and lost her right before Additional Sessions Judge, now the petitioner-wife has preferred the instant petition for the grant of anticipatory bail in the indicated criminal case registered against her, invoking the provisions of section 438 Cr. PC.
(3.) Notice of the petition was issued to the State.;


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