SANTOSH GIRI Vs. STATE

JUDGEMENT

(1.) By way of the present petition filed under section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.') the petitioner seeks grant of regular bail in FIR No. 787/2014 under Sections 376/323/506/34/354/354A of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO') registered at P.S Nangloi, Delhi. The petitioner is stated to be in judicial custody since 21.03.2016. Status report is on record.

(2.) It is the case of the complainant that her husband/Santosh Giri/present petitioner, has been harassing her and demanding dowry since the solemnization of their marriage in the year 2003. She alleged that her husband alongwith his sister/Indu Bharati, brother in-law/Nand Lal Bharati and two elder brothers/Rajesh Giri and Vijay Giri used to give beatings to her and also forced her to sleep with his brothers by threatening her that he would kill her and her other family members. Complainant further alleged that her husband's elder brothers (as named above) committed rape upon her in the very presence of his sister/Indu Bharati and brother in-law/Nand Lal Bharati. She stated that on 07.06.2014 her husband gave beatings to her and their children and turned them out of the house whereafter on the same day he fled with his children. The complainant returned to her husband's house on 21st September 2014 as her husband agreed that she could meet her children and the very next day he again gave beatings to the complainant and their children. It is further alleged that the complainant when enquired from her children found that her children were kept away in Banaras for two months where other family members of her husband ill treated her children. Her children were also kept by one Tejinder Singh @ Lucky who tried to do wrong act with her daughter. Thereafter she brought her children back on 23rd September 2014. Therefore on the basis of the said complaint, FIR was registered under Sections 376/323/506/34/354/354A of IPC and Section 6 of POCSO Act.

(3.) The previous application for grant of regular bail filed by the petitioner before the Additional Sessions Judge, was dismissed vide order dated 21.11.2016, on consideration of the facts and nature of allegations leveled against the petitioner and gravity of alleged offence committed by him. Hence, the present bail application.