DANISH Vs. STATE

JUDGEMENT

(1.) This is a petition for grant of anticipatory bail by the brother in law and the father in law of the deceased for an offence under Sections 304B/498A, IPC registered vide FIR No. 336/2011 by P.S. Jamia Nagar. The main contention of the learned Counsel for the petitioners is that a reading of the complaint lodged by one Gulzar Ahmed, father of the deceased does not show that there was any immediate demand of dowry prior to the date of the death, by either of the petitioners. Therefore, prima facie the ingredients of Section 304B, IPC are not satisfied. It was contended that if the ingredients of Section 304B, IPC prima facie are not satisfied, even the presumption under Section 113B of the Evidence Act cannot be drawn. It was also contended that it was a case of suicide committed by the deceased on the spur of the moment, as admittedly a quarrel had taken place between the deceased and her husband and therefore, it is contended that keeping in view the aforesaid facts, the petitioners may be enlarged on bail and they are prepared to join the investigation.

(2.) The learned APP vehemently contested the claim for the grant of anticipatory bail. It has been contended by the learned APP that in the post-mortem report, it has been opined that the death of the deceased was on account of strangulation because of which the police has converted the offence to one under Sections 302/34, IPC. It is also alleged that non-bailable warrants were issued against the petitioner No. 1 while as the petitioner No. 2 was declared a proclaimed offender.

(3.) It was contended that on receipt of the intimation regarding the death of the deceased, the complainant/father of the deceased along with other family members visited the matrimonial home of the deceased where everybody including the husband of the deceased were found to be absconding which was very unnatural conduct on their part. It has also been contended by the learned APP that immediately after the marriage, the deceased was subjected to harassment and cruelty with a view to demand dowry and other pecuniary benefits. It is alleged that as late as on 1.7.2011, that is a day prior to the date of the incident, the deceased had come to her parents house and narrated to her parents that she was being subjected to cruelty and harassment by her husband and other family members.