NISHA BANSAL Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) By this petition filed under Sec. 438 of Crimial P.C. the petitioner seeks anticipatory bail in a case registered as FIR No. 211/2016 dated 12.05.2016 under Sec. 306/313/498-A/304-B/34 of Indian Penal Code, at Police Station Mandawli Fazalpur, Delhi.

(2.) The prosecution case is based on the suicide note of Kajal Gupta, who committed suicide by hanging herself in parental house on 12.05.2016 holding the petitioner as well as her husband responsible. Petitioner is the first wife of Ankit Bansal. Ankit Bansal married Kajal Gupta on 20.11.2015. In Feb. 2016, first wife (i.e. petitioner herein) came to know about the Ankit Bansal's second marriage and talked to the deceased on phone. On the other hand accused Ankit Bansal concealed his first marriage to Kajal Gupta, which caused tension to the victim and she committed suicide by hanging herself on 12.05.2016. Accused Ankit Bansal has been arrested and is in custody since 19.05.2016, however the petitioner was not found present at her home at Siraspur, Samaipur, Badli.

(3.) Ms. Parul Jain, learned counsel for the petitioner contended that the petitioner married Ankit Bansal on 29.06.2012 and based upon unripe vexed allegations the police has registered the FIR wherein the petitioner has been named as co-accused, however prima-facie the petitioner has not performed any act in the entire offence as alleged. Even bare perusal of the contents of FIR, it reflects that the FIR is an outcome of a consequence which took place between the deceased the accused Ankit Bansal. It is further contended that Ankit Bansal got married with deceased on 20.11.2015 and absconded from place on 23.04.2016, however during the entire period neither was the petitioner aware of the marriage between the deceased and Ankit Bansal nor was she aware about their location, therefore the charges alleged against her are incorrect and no offence whatsoever has been made out against the petitioner. It is contended that no role has been attributed to the petitioner in the alleged FIR.