LAWS(DLH)-2008-3-282

NEELAM Vs. STATE

Decided On March 07, 2008
NEELAM Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This is a petition under Sec. 438 of the Code of Criminal Procedure, 1973 ('CrPC') seeking anticipatory bail in FIR No. 985 of 2007 registered at Police Station Nangloi under Sections 498-A/304-B of the Indian Penal Code ('IPC'). Earlier the Petitioner had filed an application for anticipatory bail in this Court but was permitted to withdraw the same by an order dated 31st Jan., 2008. At that stage, the personal diary of the complainant had not been deciphered. Anticipatory bail was granted by this Court to the father-in- law, Mr. Kanwar Bhan by an order dated 18th Feb., 2008. On 21st Jan., 2008, the sister-in-law (Nanad) Ms. Kavita was granted anticipatory bail by the trial court. The mother-in-law, Mrs. Omvati has been granted regular bail on 2nd Feb., 2008. The husband is still in custody.

(2.) The prayer for anticipatory bail is vehemently opposed by Mr. Sharma, learned APP for the State who also refers to a judgment of the Honourable Supreme Court in AIR 1987 SC Page 737. He submits that the name of the Petitioner has been specifically mentioned in the FIR.

(3.) The narration in the FIR refers largely to the ill-treatment by the husband. In the last line of the FIR, it is stated that They have killed my daughter only for dowry. In this incident, there is involvement of my daughter s jethani Neelam, nanad Kavita and her mother-in-law . Barring this, there is no other allegation in the FIR against the Petitioner. The allegations against the Petitioner are no different in regard to the nanad Kavita and the mother-in-law, both of whom are on bail. It is stated by the learned counsel for the Petitioner that the personal diary of the complainant also does not name the Petitioner here.