- (1.) THIS petition under Section 438 Cr.P.C. has been filed by the petitioner seeking anticipatory bail in FIR No. 56 dated 16.11.2013 registered under Sections 498 -A/406/323/34 IPC at Police Station Women, Sonepat.
(2.) MARRIAGE of the petitioner with complainant/respondent No. 2 -Swati was solemnized on 24.2.2012. The allegations made by complainant/respondent No. 2 in the FIR are as under: - "That my marriage was solemnized on 24.2.2012 with Jitin Paul S/o Bhupender Paul according to Hindu Rites and customs at Sonepat but we arranged the dinner party at Ashirwad Garden, Delhi on the asking of in -laws because my in -laws said that many respectables will come in our marriage and according to their status we have to arrange the feast party so my parents gave dowry articles according to their status and my parents arranged the abovesaid dinner party at Ashirwad Gardan, Delhi. The details of the list of articles is attached. xxx xxx xxx xxx xxx When I asked my mother -in -law and my sister -in -law to return the jewellery, they told me that I am not capable to wear such jewellery and started beating me and said that I should wear fake jewellery. My mother -in -law and my sister -in -law used to provoke my husband against me by putting false allegations and they all used to beat me up due to which I started facing physical and mental problems and I came under depression. When I told the whole story to my father -in -law then he also started abusing me and beating me. I used to tolerate all this because I wanted to settle down and I used to think that my good time will come and my in -laws will start behaving property and respect me. I told everything to my parents telephonically. My father in the Ist week of June, 2012 along with my grandfather Om Parkash, uncle Virender and other relatives came to explain to my in -laws on which my in -laws told them that till the time they do not get 10 lac rupees they will continue beat and harass me. They insulted them, my other relatives and sent them back. My in -laws used to beat me up for not bringing the dowry and in the Ist week of December my parents, grandfather and my uncle again came and tried to explain my in -laws but my in -laws did not listen to them and told them that they will not keep me till the time they do not get Rs. 10 lacs. My mother -in -law, father -in -law and my husband with an intention to throw me out of the house forced me to shift in a rented house and on 30.5.2013 my in -laws sent me to a rented house. My husband used to go and sleep at his parents house after coming from office and I used to stay alone in the rented house. On 9.6.2013, when I tried to talk to my husband about this he told me that he will not take me back till the time I bring a car or get an amount of Rs. 10 lacs to buy a car and started beating me and forcefully put me in his car and took me to my parents house at Sonepat and warned my parents while going that if they do not pay Rs. 10 lacs then he will kill me. When my husband did not turn up to take me back my mother and father took me to the house of my in -laws. On seeing us, they did not open the door and said from the roof that why we beggars have come to their house and they want adequate dowry. They also warned us that if we complain regarding this to anybody then they will get us killed and no body will be able to do anything to them because they are the influential people in the society. Since, 9.6.2013, I am living as a burden with my parents and all my articles and Stridhan etc. is in the custody of my in -laws and despite my repeated requests they are not returning the same to me. My parents with a view to settle the matter tried to convene Panchayats many times but my in -laws are adamant on their demand for dowry."
(3.) LEARNED counsel for the petitioner submits that this is all a concocted story and in fact the husband, namely; the petitioner has filed divorce petition dated 11.7.2013 (Annexure P -2) at Delhi. It is further contended that there was a meeting of the parties yesterday before the Investigating officer and most of the dowry articles have been returned and for rest of the dowry articles, the matter is fixed for 26.1.2014 before the Investigating Officer. Learned counsel for the petitioner further contends that the complainant is suffering from psychic disease and the petitioner spent huge amount for her treatment. It is also contended that the parents of the petitioner were granted anticipatory bail by learned Additional Sessions Judge, Sonepat vide order dated 5.12.2013 (Annexure P -5). Learned counsel for the petitioner also contended that as recorded in the above -stated order (Annexure P -5) passed in favour of parents of the petitioner, it came out that the parents of the petitioner were prepared to hand back the dowry articles but the complainant side is not ready to accept the same. The above contention is not the end of the matter. If the other family members have been granted pre -arrest bail that was the proper course for the Sessions Court to hold but keeping in view the serious allegations against the petitioner as discussed above, no ground is made out to grant pre -arrest bail to the petitioner.;