- (1.) The contour of the facts and material, which needs a necessary mention for the limited purpose of deciding the instant petition for anticipatory bail, as claimed by the prosecution and emanating from the record, is that the marriage of complainant Nidhi Handa d/o Narinder Malhotra (respondent No.2) (for brevity "the complainant") was solemnized with petitioner No.1 Vishal Handa on 8.12.2013 at Kanpur, according to Hindu rites & ceremonies with pump and show as per demand of the accused. Sufficient dowry articles, including gold and diamond jewellery mentioned therein the list of dowry articles, were stated to have been given and entrusted to the accused by her parents on their demand. A gold Kara, two rings, one gold chain with locket and cash of Rs.31000/- were also given to the petitioner at the time of marriage. However, the accused were not satisfied with the quantity and quality of dowry articles. Their behaviour towards the complainant became cruel after marriage. They used to beat her without any reason. They proclaimed that dowry articles were not given as per their status as they were expecting a car in the marriage. According to the complainant that on the eve of Lohri function, the accused demanded cash & other articles, whereas her father paid Rs.11000/- along with clothes and gifts to them, but in vain and still, position remained the same. She was not even provided medical facility and proper diet to her when she became pregnant. Even she was not permitted to talk to her parents. Petitionerhusband was stated to be a drunkard person (drug addict) and used to beat her.
(2.) Sequelly, the case of the prosecution further proceeds that on 24.3.2005, a male child was born to the complainant at Kanpur. On reaching there, her parents paid a sum of Rs.30,000/- as delivery expenses of the hospital to the petitioner. After birth of male child, he started raising demand of cash of Rs.1 lac on the pretext that a male child was born to him. Thereafter, the accused demanded gold ornaments, Rs.15 lacs and a car. Her parents were unable to fulfill their illegal demand, then, they started maltreating and giving beatings to her. Not only that, the petitioner has repeatedly demanded the cash on one pretext or the other as mentioned in the FIR.
(3.) Leveling a variety of allegations and narrating the sequence of events in detail, in all, the complainant claimed that the petitioners-accused have taunted, harassed, abused, tortured and treated her with cruelty in connection with and on account of demand of dowry. In the background of these allegations and in the wake of complaint of the complainant, the present case was registered against the petitioners Vishal Handa (husband), Renu Handa (mother-in-law) and their other co-accused Nishant Handa, brother-in-law (Devar) of the complainant, vide FIR No.44 dated 28.5.2013, on accusation of having committed the offences punishable under Sections 406 & 498-A read with section 34 IPC by the police of Police Station Women Cell, Jalandhar in the manner depicted here-in-above.;