POONAM Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present application has been filed under Sec. 439 read with Sec. 482 Cr.P.C. seeking grant of regular bail in case FIR no.495/2021 registered under Sec. 306/34 IPC at PS Civil Lines. Sec. 174A of IPC was subsequently added in the charge sheet. The petitioner is in custody since 6/8/2022.

(2.) Briefly stated, the present FIR was lodged by Smt. Shanti Devi, mother of the deceased Manoj. In the complaint, it has been alleged that her son was married to Smt. Poonam @ Priya on 23/1/2011. Out of the wed-lock, two children were also born. It has been alleged that her son came to know that his wife had extramarital relations with a person namely Neeraj i.e. the applicant, on account of which there was regular quarrel between the two. It was further alleged that Poonam ran away with the applicant. Moreover, it is alleged that on 1/9/2021 at around 8 p.m., when the deceased, Manoj, came back home, he appeared to be under great stress. On being asked, he stated that Poonam had threatened him to transfer the ownership of the house to her failing which she will implicate the elder brother and father of the deceased, in a rape case and will also implicate other members of the family in the dowry case. The complainant alleged that thereafter the deceased, Manoj, went into his room and committed suicide by hanging.

(3.) Learned counsel for the applicant submits that in K.V. Prakash Babu vs. State of Karnataka, (2017) 11 SCC 176, the Hon'ble Supreme Court has in inter-alia held that if the husband gets involved in an extra-marital affair that may not in all circumstances invite conviction under Sec. 306 of the IPC but definitely that can be a ground for divorce or other reliefs in a matrimonial dispute under other enactments. Learned counsel for the applicant further submits that the co-accused namely Neeraj Kumar @ Neeraj with whom the applicant had allegedly absconded has already been admitted to bail by this court vide order dtd. 18/7/2023. Learned counsel for the applicant has also submitted that in fact only on the day of the incident, the present applicant had lodged a complaint before the SHO, PS Civil Lines alleging therein that the deceased was alcoholic and physically assaulted her. It was further stated by the applicant in the said complaint that on account of the behavior of the deceased, she had been residing separately.