RAJIA BEGUM Vs. STATE

JUDGEMENT

(1.) The present application has been filed by the petitioner under Section 438 of the Code of Criminal Procedure, 1908 for the grant of anticipatory bail in FIR No.113/2015, Police Station Chandni Mahal, under Sections 302/304-B/498A/34 of the Indian Penal Code.

(2.) The allegations levelled against the petitioner/accused are that on 24.04.2015, an information was received in the police station vide DD No.50B. On receipt of said information, police reached LNJP Hospital where Ms.Shahin was found under treatment and she was unfit for statement. There were strangulation marks on the neck of the victim. SDM of the area was informed who recorded statement of Smt. Tahira Begum, mother of the victim. In her statement, Smt. Tahira Begum stated that her daughter Ms.Shahin used to be harassed and tortured by the accused persons for bringing less dowry and that the husband of her daughter and in-laws tried to murder her daughter on 24.04.2015. On the statement of the complainant, FIR was registered under Section 307/498A/34 IPC.

(3.) During the course of investigation, Parvez Mirza and Azaz Mirza, husband and brother-in-law of the victim, respectively, were arrested whereas the petitioner-herein and another accused Zakiya Begum absconded. During treatment, the victim expired on 02.05.2015 and penal Section 302 IPC was substituted in place of Section 307 IPC. Thereafter, Section 304-B IPC was also added in the present case.