TRIBHUVAN KR. KAUSHIK Vs. STATE

JUDGEMENT

(1.) By way of the present petition filed under Section 439 read with section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') the petitioner seeks grant of regular bail in FIR No. 886/2016 under Sections 498A/406//34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC'), registered at Police Station - Shakar Pur, Delhi. The petitioner is stated to be in judicial custody since 23.08.2017.

(2.) The present case has been registered on the complaint of one Soni Bhardwaj who stated that she was married to the petitioner on 21.02.2015 as per Hindu rites and ceremonies; that the complainant's father spent approximately Rs. 16 Lakhs at the time of her marriage out of which Rs. 12 Lakhs was given in cash to the petitioner and his father; that soon after marriage the in-laws of the complainant, being dissatisfied with the articles gifted at the time of marriage, started abusing the complainant and made demands for dowry; that on 03.03.2015 the complainant was sent back to her paternal home for getting clothes, gifts, and gold jewellery which was left to be given at the time of marriage; that the in-laws of the complainant threatened her that as the petitioner was a practicing advocate of the Supreme Court he would make her face serious consequences; that when the complainant's father gave assurance to the petitioner and his family for fulfilment of their demands, the petitioner took complainant back to her matrimonial home on 15.03.2015; that complainant was given various articles and Rs. 10,000/- by her father before leaving her paternal home; that the father-in-law and husband of the complainant after consuming liquor gave beatings to her and harassed her both mentally and physically; that the petitioner forced the complainant to indulge into unnatural sex with him; that on 19.06.2015 the petitioner demanded a swift car and Rs. 4 Lakhs from the complainant ; that the complainant was again sent to her paternal home on 24.06.2016 to fulfil their demands and was also threatened by the petitioner that if she fails to do so, her family members would be implicated in a false case; that hence, the present complaint has been lodged.

(3.) On 05.12.2016 FIR No. 886/2016 was registered under Sections 498A/406/34 IPC. However after investigation, charge-sheet was filed under Section 498A/377/420/494/34 IPC. The previous bail application filed by the petitioner before the Additional Sessions Judge was dismissed vide order dated 06.09.2017. Hence, the instant bail application.