POOJA JHA Vs. STATE

JUDGEMENT

(1.) THIS is a petition u/s 438 Cr.P.C moved by the petitioners Pooja Jha and Aarti Jha for grant of anticipatory bail in case FIR No.217/13 u/s 341/342/354/323 /506/34 IPC and u/s 3(x) SC/ST (Prevention of Atrocities) Act, P.S. Sangam Vihar, New Delhi.

(2.) IT is alleged in the petition that the facts leading to the registration of the present FIR are that the mother of the petitioners, Mamta Jha lodged a complaint with P.S. Sangam Vihar, pursuant to which FIR No.23/13 dated 20.01.2013 u/s 323/354/452/392/34 IPC was registered against Smt. Baby and Dheeraj amongst others. The present FIR is nothing but a counter blast of the FIR lodged by Mamta Jha against the wife and son of Mahesh Kumar, complainant of this case. There is no specific averment against the petitioner. The only averment against the petitioner is that the petitioners used to reside with Mamta and Mahesh. No specific role has been attributed against them so as to attract SC/ST Act.

(3.) THE application, on the other hand, is opposed by learned Additional Public Prosecutor for the State on the ground that there are serious allegations against the petitioners along with the other accused persons. Reference was made to the supplementary statement of the witnesses wherein there are specific allegations attracting the provisions of SC/ST Act against Pooja Jha. However as regards Aarti Jha, it was fairly conceded that there are no allegations qua her regarding SC/ST Act but she assaulted the complainant party on 19.01.2013.