AKHIL GOYAT Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER is husband of the complainant and has approached this Court for grant of pre -arrest bail in FIR No. 558 dated 17.07.2013 registered for offences under Sections 498A, 406 and 506 IPC. Learned petitioner's counsel vehemently contended that FIR has been registered on false and concocted story. The complainant is a hot tempered lady and has evil eye on the property of family of the petitioner. The petitioner even filed an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. It is further contended that the parents of petitioner have been extended benefit of pre -arrest bail and recovery of the dowry articles has also been made from them, therefore, custodial interrogation of the petitioner is not required. The parents of the petitioner were extended pre -arrest bail by Additional Sessions Judge on 29.07.2013 (Annexure P -2).

(2.) IT is also the plea taken in paragraph No. 17 of the instant application that the complainant was having illicit affair with her boyfriend and therefore, she was never interested in the company of the petitioner. I am of the view that if this was the grouse, then filing of petition dated 06.03.2013 under Section 9 of the Hindu Marriage Act on 06.03.2013 by the petitioner seems to be only to set up a defence. However, in that petition, there is no whisper on the character of complainant.

(3.) THE marriage of the complainant and the petitioner was solemnized on 05.04.2012. There are series of allegations of complainant being constantly harassed and maltreated on account of demand of more dowry despite her family having spent more than Rs. 65 lacs in the marriage. Certain material facts for disposal of this application as highlighted in the FIR may also be restated: -