BALBIR KUMAR DATTA Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 482 read with Section 439(2) of the Code of Criminal Procedure filed by the unfortunate father of Arti, who had committed suicide on 28.5.1999 about one year after the marriage. The petitioner-father of the deceased is aggrieved by the order passed by Shri R.S. Verma, learned Additional Sessions Judge granting bail to respondent No. 3 (Rakesh Bali) on 6.8.1999 and granting anticipatory bail to respondent Nos. 4 to 9 on 31.7.1999 and 4.8.1999 in a case where there are clear and specific allegations that the unfortunate incident of Arti's death had taken place because of harassment and cruelty on account of demand of dowry. According to the petitioner, the Court was not justified in granting bail to Rakesh Bali and anticipatory bail to the other accused persons, particularly, when there was so much material on record regarding the harassment of the deceased on account of demand of dowry. The petitioner has prayed that the bail granted to Rakesh Bali be cancelled. He also prayed that the anticipatory bail granted to other co-accused persons be cancelled. Brief facts which are necessary to dispose of this petition are recapitulated as under:

(2.) The marriage of the petitioner's daughter, Arti, was performed with Rakesh Bali at Jammu on 17.4.1998. Arti was an extremely accomplished person. She had a very impressive academic record. She had also excelled in the extra-curricular activities. It is stated in the petition that the petitioner had spent a lot of money in the marriage of deceased Arti and gave her goods and articles much beyond his capacity.

(3.) On June, 1998 when Arti came to her parental house, she informed her mother that her in-laws had high expectations about the dowry and were passing oblique remarks. It is also stated in the petition that on the eve of Karvachauth, the petitioner's wife came to Delhi and brought a lot of things for her newly married daughter. She also gave a cash amount of Rs. 10,000.00 It is stated in the petition that Arti insisted her mother to take her to Jammu as she was not willing to stay in her matrimonial house due to atrocities inflicted on her by her husband, father-in-law, mother-in-law and other family members. It is further stated that the petitioner's wife tried her level best to sort out the differences between her daughter and her in laws. At that time Arti told her mother that her husband and other family members used to harass her and had even started man-handling her with abusive words. Rakesh Bali, husband of the deceased, demanded Rs. 2 lakhs as he was in urgent and desperate need of money. The petitioner's wife told Rakesh Bali, her son-in-law that, they belonged to a service class family and they were unable to arrange the money at the 11th hour. It is further stated that on every occasion the petitioner used to give gifts and cash to the family members of Rakesh Bali.