JUDGEMENT
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(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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