BHAGAT SINGH Vs. STATE

JUDGEMENT

(1.) This is an application under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.215/2002 u/Ss.406/498-A/34 IPC, P.S. , Prasad Nagar, Delhi.

(2.) Petitioner no.1 is the husband; petitioner no.2 is father in law; petitioner no.3 is mother in law; petitioners 4 and 5 are the married sister in laws and petitioner no.6 is brother-in-law (Jeth). Learned counsel for the petitioners, at the outset, submitted that petitioner 2 and 3 were granted regular bail vide order dated 1st October, 2002; therefore, their petition is dismissed as infructuous.

(3.) Learned counsel for the petitioner next argued that on 20.7.2000, petitioner No.1 and his father were granted interim bail for one week to enable them to settle all matters with the complainant and to return dowry/Istridhan articles by the court of Additional Sessions Judge (for short "ASJ). The disputes between the parties could not be resolved. Thereafter, petitioners 1 and 2 along with four other relations, namely, mother-in-law, sisters-in-law and brother-in-law (Jeth) of the complainant, filed a petition for bail. On 5.8.2002. Petitioner's counsel agreed to pay an amount of Rs.1.5 lacs, without prejudice to the rights of the complainant, subject to the condition that in case the petitioners ultimately succeed in the trial, the complainant would be liable to refund this amount. The amount was ordered to be paid to the complainant latest by 20.8.2002. Petitioners did not pay the agreed amount and filed the petition on 16.8.2002 in the Court. Notice was issued for 13.9.2002 and no interim protection was granted.