RAMAYAN MEHTO Vs. STATE

JUDGEMENT

(1.) These are three connected anticipatory bail applications in respect of FIR No.345/2011 registered by PS: Burari, Delhi under Section 498A/304B/34 of the Indian Penal Code. The application bearing No.1865/2011 has been filed by Mr. Ramayan Mehto, the father-in-law; application bearing No.141/2012 has been filed by Mr. Pradeep Kumar, the brother-in-law and the application bearing No.142/2012 has been filed by Ms. Pushpa @ Hemanti, the sister-in-law of the deceased.

(2.) The case of the prosecution against the petitioners is that Anju, aged about 24 years, got married to one Manoj Kumar, r/o House No.65, Gali No.4, Baba Colony, Burari, Delhi on 13.12.2009. At the time of marriage, the father-in-law, Ramayan Mehto and the brother-in-law, Pradeep Kumar had allegedly demanded a dowry of Rupees 3,00,000/-, by way of cash, which was given by the parents of the deceased. It has also been stated in the complaint that some jewellery articles and other household goods were given at the time of marriage, but from the date of marriage itself, Anju, the deceased, kept complaining to her mother, as and when she would meet her, that her brother-in-law, Pradeep Kumar, two sisters-in-law, Pushpa and Manorama and the father-in-law, Ramayan Mehto were subjecting her to harassment and cruelty, with a view to demand dowry. It was also alleged in the complaint that on 10.11.2011, the mother of the deceased learnt that Manoj, the husband, wanted the parents of the deceased to give him money for the purchase of a 50 sq. yds. plot of land so that he could live separately along with his wife. On 10.11.2011, at around 5:00 P.M., the mother of the deceased received intimation that her daughter had hanged herself. The parents of the deceased came to Delhi from Moradabad, UP and learnt about the alleged suicide committed by their daughter who had hanged herself with the help of a dupatta. The Sub Divisional Magistrate of Civil Lines, Delhi was called by the local Police who had been given the information. He recorded the statement of the mother and put the criminal justice machinery into motion, because of which the FIR in question was registered. Supplementary statements of the mother of the deceased, Phoolwati, the father of the deceased, Lallan Mahto and other persons were also recorded.

(3.) So far as the husband Manoj is concerned, he is already in custody. Learned counsel for the petitioners has contended that if one reads the entire FIR, the main thrust of the allegations of the demand of dowry and harassment are leveled against the husband, Manoj who is already in custody. So far as the petitioners are concerned, there are no specific allegations against them for demand of dowry or subjecting the deceased to cruelty which can prima facie show that an offence under Section 304B of the IPC had been committed by them. It was also contended by the learned counsel for the petitioners that there has to be some proximity of time between the demand of dowry and the date of death of the deceased so as to enable the Court to draw a presumption against the petitioners, while as, in the instant case, no such contingency is available.