URMILA SRIVASTAVA Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 438 Criminal Procedure Code for anticipatory bail. The petitioner is the mother-in-law of the deceased.

(2.) Briefly, the facts are that the deceased Amita was married to Pradeep, son of the petitioner on 23.1.1998 at Allahabad where the parents of both the parties are residing. The deceased had died an un-natural death on 10.7.1998 alleged to have committed suicide by hanging at house No. J-1/195, DDA Flats, Kalkaji, New Delhi where she was living with her husband. After receipt of information of her death her father Shri Suryadev Srivastava and mother Smt. Meera came to Delhi and made their statements before the S.D.M. Shri Sanjay Pandey to the effect that they had given good dowry in the marriage of her daughter spending about Rs. 4 lakhs, substantial amount of which was given in cash. But her in-laws were not satisfied with the same and from the time of marriage her in-laws had started expressing dis-satisfaction and annoyance on the ground that the dowry given was inadequate; the deceased had gone to their house on 9th February, 1998 when she had told them about being harassed on account of inadequate dowry and that she was also even being given beatings; earlier to that her father had gone to bring the deceased when in his presence the husband and mother-in-law had caught the deceased from her hairs, dragged her outside and abused him also. The deceased stayed with them upto 24th April, 1998, and then she lived in hematrimonial home at Allahabad for about one month when she came with her husband to Delhi on 25th May, 1998 and lived at House No.J-1/195, Kalkaji. Her father had tried to contact the deceased on telephone from Allahabad but he could not. Her parents had got seats reserved in a train for coming to Delhi for 13th July, 1998. But, in the meantime, they were informed on 10th July, 1998 in the night about the death of the deceased. It is alleged that the deceased was intelligent girl and would not have committed suicide but her husband and mother-in-law had harassed and tortured her being dissatisfied on account of dowry, taunted her and thereby compelling her to commit suicide. They desired that action be taken against them. On the basis of the statement of her father FIR was registered for offences under Section 498-A/304-B IPC.

(3.) Similar statements were also made by them to the police. The husband of the deceased was arrested but the petitioner has not been arrested as in the meantime first she approached the Sessions Court for anticipatory bail which was rejected on 21.8.98 and then she has approached this court.