CHANDER KANTA JOSHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) F.I.R. in question has been registered under Sections 498 - A, 406 and 34, IPC at Police Station City Gurgaon. The petitionersT application for bail in anticipation of arrest was disposed of by the learned Additional Sessions Judge, granting anticipatory bail to the petitioners No. 2 and 3 herein for a period of 15 days giving them liberty to move an application for regular bail before the trial Court, with a direction to join investigation. But, so far as first-petitionerChander Kanta is concerned, the learned Additional Sessions Judge, Gurgaon dismissed her request for bail. Therefore, all the petitioners had approached this Court under Section 438, Cr. P.C. for bail in anticipation of arrest.

(2.) The FIR in question was registered at the instance of the second respondent herein who is the father of Vandhna. Vandhna married Sailesh Joshi. The first-petitioner-Chander Kanta is the mother, second petitioner Shekhar Joshi is the brother and the third petitioner - Suman Joshi is the sister respectively of the said Sailesh Joshi. In the F.I.R. it has been alleged mainly as follows:

(3.) Vandhna and Sailesh were married on 13-5-1994 at Gurgaon. Vandhna reached Bombay on 15- 5-1994. On 15-5-1994 the date of the first night Sailesh Joshi informed Vandhna that he was criminal. Vandhna was made to sleep in the kitchen. Whatever has been given to Vandhna as dowry was packed in boxes, the keys of which were taken by mother-in-law Chander Kanta When the mother-in-law saw the dowry, she started shouting and abusing Vandhna. The mother-in-law and sister-in-law of Vandhna started beating her and tortured her without even giving food. On 10- 12-1994, the complainant brought Vandhna to Gurgaon and at that time mother-in-law told the complainant that Vandhna should bring Rs. 15,000/ for delivery expenses. The mother-in-law used to throw out Vandhna whenever she was sent to Bombay. Vandhna was thrown out of the house after beating on 9-1-1995 even though she was pregnant. The complainants son-in-law was also turned out of the house by his parents and sister and others stating that she should bring a Hero Honda and Rs. 50,000/-. On 27-9-1995 Vandhna was sent back on the assurance of her husband. On 11-11-1995 also Vandhna was beaten and again thrown out of the house. On 15-12-1995, the complainant took on rent one room in Gurgaon, for the residence of his daughter and son-in-law and purchased all necessary goods. But accused No.6 (not petitioner herein) instigated Sailesh Joshi to come to Rajasthan and, therefore he gave up the job at Gurgaon. The mother-in-law of Vandhna came to Gurgaon and instructed him to give up the job and the house at Gurgaon. She also got the household articles loaded in a truck and returned to Bombay alongwith Vandbna, husband and the child. On one day Vandhna heard her mother-in-law saying that she (Vandhna) and her child should be pushed down from the fifth floor. When this was informed by Vandhna to her husband he told her that he would take her to Gurgaon. Vandhna came with the child to Gurgaon but her husband told the complainant that he was suffering from very dangerous ailment and also that there is danger to Vandhna and her daughter at Bombay as his mother is greedy, since the Vandhna has been living with the complainant.