MINAKSHI TANEJA Vs. STATE

JUDGEMENT

(1.) By this application under Section 438 Cr. P.C. petitioners are seeking anticipatory bail in case FIR No. 273/04 under Section 498- 1406/341PC, P.S.Paschim Vihar.

(2.) Petitioner Nos. 3&4 are father-in law and mother-in-law of the complainant and petitioner Nos. 1,2,5 to 8 are brother-in-law and sister-in-law of the complainant respectively. Prosecution allegations are that son of petitioner Nos. 3&4 (Mukesh) was married to the complainant on 20.6.2002. Complainant was harassed and tortured and was thrown out of the matrimonial home on 4.10.2002 i.e. after two months of marriage. It is further alleged that husband of the complainant Mukesh has absconded and is settled in U.S. He has not participated in the investigations so far. It is pleaded that only eight items of stridhan have been recovered. Learned APP for the State submits that articles of jewellary worth more than Rs. 8 lakhs are yet to be recovered, therefore, custodial interrogation of the petitioner is required. Learned counsel for the Petitioner strongly contests the same submitting that petitioner No.3 is aged about 72 years and is leading a retired life. House search as well as locker search has already been connected and nothing incriminating is to be recovered from their possession. It is, however, submitted that, without prejudice to his rights and contentions, petitioner No.3 is ready and willing to deposit a sum of Rs. 4 lakhs in the name of the complainant towards her claim of unrecovered articles of stridhan and jewellery on such terms as may be deemed fit and proper.

(3.) In the facts circumstances of this case, petitioners are ordered to be released on bail on each of them furnishing a personal bond in the sum of Rs. 10,000/- with one surety each of the like amount to the satisfaction of the SHO/Arresting Officer, subject to the condition that petitioner No.3 takes out an FDR for a sum of Rs. 4.0 lakhs in a nationalized bank in the name of the complainant and handover the same to her, who shall keep it renewed from time to time. It shall be without prejudice to the rights and contentions of the parties including the right of the complainant to claim maintenance. It shall be subject to the adjudication of respective right of the parties by a court of competent jurisdiction. Investigating Officer shall ensure presence of the complainant in the Bank where the FDR is sought to be taken. Needful be done within six weeks.