RIHAN Vs. STATE (GNCTD)

JUDGEMENT

(1.) The present petition has been filed under Sec. 439 CrPC seeking grant of regular bail in connection with FIR No. 377/2017 under Sec. 306 IPC registered at P.S. Daryaganj (Subsequently charge sheet was filed under Ss. 306/201/498A/302 IPC.

(2.) The case of prosecution is that on 26/7/2017, information was received from GTB Hospital that Shama w/o Rihan (Petitioner) has been admitted in hospital in unconscious condition who has been declared brought dead. When the police reached the Hospital, the doctor gave the MLC No. A-5475/2017 of deceased to the police in which it was written that patient declared brought dead in casualty on 12:15 am on 26/7/2017. It revealed that there were ligature marks on the neck of deceased.

(3.) During investigation, the IO recorded the statement of the father of deceased, namely, Nasiruddin in which he revealed that the deceased was not his biological daughter but she was adopted and the deceased's real father is his brother. After that biological parents of the deceased were called and the biological father of the deceased, namely, Chaman Khan, made a statement under Sec. 161 CrPC that the when the deceased and her brother were young, she was adopted by Nasiruddin as he did not have any offspring. The deceased was married to the petitioner. After the marriage, the deceased used to come to his home and would complain that her husband would torture her for money. When the deceased would refuse to bring money, then the petitioner used to threaten her that if she did not bring money then he will leave her and perform another marriage.