RAHUL DUTTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has prayed for regular bail in a pending trial case registered vide FIR No. 127 dated 08.08.2009, under Sections 498-A, 406/34, 174-A of the Indian Penal Code, 1860 [for short "IPC"] at Police Station Sector-40, Gurgaon, District Gurgaon.

(2.) The FIR is registered on the complaint of Akansha Bakshi, wife of the petitioner, who has alleged that the petitioner is settled in Australia. She had been to Australia with her parents and brother before her marriage to verify about the job etc. of the petitioner where she was pressurized to perform paper marriage on 14.06.2008, but her marriage according to Hindu rites was again performed on 14.02.2009. On 28.02.2009, she left for Australia with the petitioner and his brother for more than one month or so. In this interregnum, she was allegedly harassed for demand of dowry. She came back to India for taking her exams on 05.04.2009. Her father gave her Hyundai-i10 car and when she was forced to leave her matrimonial home on 10.05.2009, all her dowry articles/jewellary were retained by her in-laws.

(3.) Learned counsel for the petitioner has submitted that the petitioner went to Australia in the year 2000 for doing the course in hospitality management and acquired the Australian citizenship in the year 2005. The matrimonial alliance of the petitioner with the complainant was the result of a family acquaintance. The petitioner came to India in December, 2007 and on 14.01.2008, they were formally engaged in a family function and on 27.05.2008 the complainant along with her parents and brother went to Melbourne and stayed with the petitioner for 21 days. On 29.05.2008, a request was made for registration of marriage before the Australian Court which was accordingly registered on 14.06.2008 and after returning to India, the complainant submitted her visa application to the Australian Embassy along with the statement of her relationship. In terms of the wishes of the complainant's family, the marriage of the petitioner with the complainant was performed as per Hindu rites at Gurgaon on 14.02.2009. On 17.02.2009, the couple went for a Honeymoon to Thailand. They came back to India on 25.02.2009 and left for Melbourne again on 28.02.2009 as the visa of the complainant had already been approved. The complainant came back to India on 04.04.2009 in order to take her exams which were scheduled for 13.05.2009 and on her return, her father gave her a Hyundai-i10 car. She went to her parents' house on 10.05.2009 for taking her exams, but thereafter the present FIR was registered on 08.08.2009 after due deliberations.