POONAM Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The petitioners seek anticipatory bail under Section 438 Cr.P.C. in case FIR No.39/2016 registered under Sections 323/326B/354/354A/354B/34 IPC at PS Bharat Nagar. Status report is on record.

(2.) I have heard the learned counsel for the parties and have examined the file. The victim / complainant and the petitioners are related to each other. The complainant Reena is the sister -in -law of petitioner No.1 (Poonam). Petitioner No.2 (Premo) is Poonam's maternal aunt. Petitioner No.3 is petitioner No.1's sister. Matrimonial dispute has arisen between petitioner No.1 and her husband Rakesh and proceedings under Section 12 D.V. Act are pending.

(3.) In her complaint lodged on 26.01.2016, giving rise to the registration of the instant FIR, the complainant did not implicate the petitioners for instigating petitioner No.1's brothers Ashu and Arun to outrage her modesty and throw acid on her. She merely informed that Poonam, Nisha, Neelam, Premo and Vimla had arrived at the spot and she was given beatings by them with shoes / chappals and 'dandas'. In her 164 Cr.P.C. statement recorded on 28.01.2016, she disclosed that at the time of occurrence after he modesty was outraged and she came running down stairs, Poonam took out an acid bottle and gave it to her brother Ashu; she also exhorted her brothers to kill her.