AMARKANT MAHTO Vs. STATE

JUDGEMENT

(1.) This application has been filed by the applicant under Section 439 Cr.PC for grant of regular bail in case FIR No.159/2018, registered under Sections 304B , 498A of the IPC, PS Delhi Cantt.

(2.) The subject matter of the allegation against the applicant is the death of his wife Sunny Kumari on July 11, 2018, who hanged herself. The statements of the father and mother of the deceased were recorded, who stated that the marriage was solemnized on March 10, 2017. After marriage, everything was fine for some period, but after one month, applicant and the deceased in-laws started taunting over the complexion of deceased and demanded dowry from her. Thereafter, the deceased went to her parental house. After two months deceased husband took her to her matrimonial house at Koshi Dangi Bihar. At her matrimonial house, the applicant used to beat her, deceased conveyed all information regarding the harassment caused by the applicant to her parents telephonically. The parents of the deceased visited the matrimonial house of the deceased and exhort them to live peacefully. In February 2018, the parents of the deceased handed over rest of the dowry articles at her matrimonial house. It is also stated that the applicant asked the deceased for abortion otherwise passed threat for divorce. On July 13, 2018, the applicant was arrested.

(3.) It is the submission of Mr. Rajat Katyal, learned counsel for the applicant / petitioner that the FIR does not disclose the allegation of cruelty soon before the death, which resulted into the "dowry death" of the deceased. He states that the FIR as well as the charge sheet are full of contradiction. That apart, it is his submission that the statements of the complainant i.e. the mother of the deceased are vague in nature and the prosecution has not come forth with any documentary evidence or specific allegation vis-a-vis the demand of dowry or any other monetary transaction. He lays stress on the fact that the essential ingredients of offence under Section 304-B are missing and not even one single evidence can be attributed to the applicant. He has drawn my attention to the statements of the mother and father recorded in the trial to contend that the father of the deceased admitted that on July 10, 2018, the deceased informed him via phone call at 10:12 pm that everything was cordial and there was nothing to worry about. He has also drawn my attention to the statement of the independent witnesses to contend that they have not corroborated any allegation of cruelty being inflicted upon the deceased at her matrimonial home at Koshi Dangi in Bihar. Instead they have stated that the applicant and his family members had cordial relations with the deceased.