SATYAWATI YADAV & ANR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is criminal miscellaneous petition No. 840-M/99 whereby Smt. Satyawati Yadav and her son Major Pradyumna Singh Yadav are claiming anticipatory bail in case FIR No. 728 dated 26.10.98 under Sections 406/498-A/34 IPC registered at PS City Gurgaon.

(2.) The prosecution case in brief is that Smt. Vandana Yadav was married to Major Pradyumna Singh Yadav on 22.5.93 at Gurgaon. As per Sint. Vandana, she was subjected to ill treatment by her husband Pradyumna Singh Yadav, her father-in-law Major Surat Singh Yadav, her mother-in-law Mrs. Satya Devi and sister-in-law Veena as they were not satisfied with the dowry brought by her in marriage. Her parents gave Rs. 1 lac in cash to her husband, father-in-law, mother-in-law and sister-in-law on 22.5.93 on demand by them. They gave this amount before the phera ceremony took place. Besides cash, her parents gave 50 silk sarees, furniture and other house hold goods during lagan ceremony. On the day of marriage, they did not allow her father to enter the marriage pandal until their demand of additional dowry was met by them. Her father gave over 10 tolas of gold ornaments to Mrs. Satya Devi, Rs. 1 lac in cash to Major Surat Singh and 20 silk sarees to Veena as additional dowry to pacify them so that the marriage ceremony was gone through. She was subjected to cruelty and mental torture. She was taunted saying that the dowry brought by her was the dowry brought by a pauper's daughter. A draft of Rs. 30,000/- was sent by her father to her husband in 1993 when he was posted at Bikaner. It was on account of his persistent demand for a fridge and scooter. On the occasion of first Diwali, when Vandana went to visit her in-laws, her mother-in-law snatched all the gold ornaments which she was wearing at that time and it was her stri dhan. Her father was forced to purchase and sent colour TV to satisfy their greed. Meanwhile, Vandana became pRegulation nt. She was not given proper nourishment during pre-natal period. She was given beatings. She was harassed. She was reduced to a skeleton. She was brought to Gurgaon for prenatal care. Though her husband was on leave, he did not visit her in the hospital during April, 1994 when she gave birth to a son through operation. Her husband did not make payment for delivery. Her father had to pay over Rs. 30,000/- as expenses of delivery. After the delivery, Vandana and her child went to Bikaner to live with her husband. On seeing them, her husband locked the house and slipped away and thereby she suffered humiliation. She was beaten many times as he wanted more dowry and gifts on account of the birth of son. In April, 1997, her husband tried to eliminate heir by administering poison in milk on being instigated by his parents. She became unconscious after taking milk. On 13-14/4/97 she was admitted in District Civil Hospital, Solan. After she had survived, her husband threatened her that she should state that she had taken sleeping pills by mistake. That was the height of cruelty on their part. So that their matrimonial relations did not get worsened, they acted on the policy of forget and forgive. Harassment of Vandana still continued. Demand of dowry by her husband continued. Her father purchased the IFB micro wave oven and sent to him at Bareilli. On 17.10.98 Vandana was mercilessly beaten at Bareilli and she was locked inside the house. He himself went to enjoy the party in the officer's mess. She informed the Commandant's wife on telephone that she was admitted to military hospital, Bareilli and was treated in ICU for 5 days. She was discharged on 21.10.98 at 6 p.m. Her father rushed to Bareilli on being informed of the episode. Vandana told him that she was in danger of being eliminated by her husband. She left for Gurgaon with her father for her safety and security.

(3.) Learned counsel for the petitioners submitted in support of his prayer for anticipatory bail to the petitioners that Smt. Vandana was not able to adjust with her husband. She is mentally unwell. She sent rakhi to her husband which is sent by a sister to her brother. It was submitted that she was sick and, therefore, consumed sleeping pills by mistake. She made statement to this effect before the police on 14.4.98 that she had consumed sleeping pills by mistake. It was further submitted that Vandana's father wanted Vandana and her husband to stay with them as he is sonless. Vandana's husband refused to stay with him along with his wife and this infuriated Vandana's father. It was further submitted that a sum of Rs. 30,000/- was given to Vandana's father on 18.7.93 from the joint account of Vandana and her husband. It was further submitted that scooter was purchased by Vandana's husband himself from M/s Standard Automobile Pvt. Ltd. It was submitted that the demand for Scooter, TV etc. are a false and baseless - allegations made with an intention to humiliate Vandana's husband and his family. It was further submitted that Vandana once slapped her husband when she was staying with him at Bikaner and there was admission to this effect by Vandana in a letter written by her to him. It was further submitted that Vandana charged her husband with adultery with his own sister. It was submitted that it is a broken marriage and if it is a broken marriage who will demand dowry. It was further submitted that Veena and her father have already been allowed bail and no recovery is to be effected from the petitioners and as such they should also be allowed anticipatory bail.